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    Frequently Asked Questions::Under an appraisal program with two summary levels (Pass/Fail), can an agency establish some criteria...

    Under an appraisal program with two summary levels (Pass/Fail), can an agency establish some criteria other than, or in addition to, the Level 3 (Fully Successful or equivalent, e.g., pass) rating of record for achieving an acceptable level of competence?

    No. Regulations at section 531.404(a) of title 5, Code of Federal Regulations, continue to require a rating of record of at least Level 3 (Fully Successful or equivalent) as the basis for the acceptable level of competence determination. There is no provision to consider anything other than the rating of record when making an acceptable level of competence determination.

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