C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 731—SUITABILITY AND FITNESS › Subpart D—Agency Suitability Action Procedures for the Competitive Service or Career Senior Executive Service

5 C.F.R. § 731.404

Decision

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Link to an amendment published at 91 FR 39381, June 30, 2026.

The decision regarding the final action must be in writing, be dated, and inform the respondent of the reasons for the decision and that an unfavorable decision may be appealed in accordance with subpart E of this part. If the decision requires removal, the employing agency must remove the appointee from the rolls within 5 work days of the agency's decision.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Sczygelski v. Merit Sys. Prot. Bd., 558 F. App'x 993 (Fed. Cir. 2014).
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Sczygelski v. Merit Sys. Prot. Bd., 558 F. App'x 993 (Fed. Cir. 2014). “In particular, he argues that, when an agency makes a suitability determination about someone, it is required by 5 C.F.R. § 731.404 to inform the employee of his or her right to appeal, which CBP failed to do so in his case.”
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