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The regulations addressing the requirements for taking performance-based
actions are found in part 432 of title 5, Code of Federal Regulations,
not in the appraisal regulations at part 430. The law and regulations
require agencies to assist unacceptable employees to improve, and, if
the provisions at section 4303 of title 5, United States Code, and part
432 of title 5, Code of Federal Regulations (CFR), are going to be used
in proposing and taking an adverse action based on unacceptable
performance, an opportunity to demonstrate acceptable performance must
be provided. The regulations in part 430 of title 5, Code of Federal
Regulations refer more generally to taking an action based on
unacceptable performance. This action could be pursued either under the
provisions of 5 United States Code, chapter 43 or under the adverse
action provisions of 5 United States Code, chapter 75, which has no
specific requirement for an opportunity period.
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