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Only when determining Unacceptable performance. The appraisal regulations permit non-critical elements to have a greater weight in determining the final summary level for an employee when assigning levels above Level 1. However, if performance on any critical element is appraised as Unacceptable, a Level 1 summary must be assigned and performance on a non-critical element can not be used to raise that summary above Level 1, no matter the weight it might receive in other circumstances. Also, any performance-based adverse action may be based only on a determination that performance is at the Unacceptable level on a critical element.
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