5 CFR 731.402 - Notice of proposed action.

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There is 1 Update appearing in the Federal Register for 5 CFR Part 731. View below or at eCFR (GPOAccess)
§ 731.402 Notice of proposed action.

(a) The agency must notify the applicant or appointee (hereinafter, the “respondent”) in writing of the proposed action, the charges against the respondent, and the availability for review, upon request, of the materials relied upon. The notice must set forth the specific reasons for the proposed action and state that the respondent has the right to answer the notice in writing. The notice must further inform the respondent of the time limit for the answer as well as the address to which such answer must be delivered.

(b) The notice must inform the respondent that he or she may be represented by a representative of the respondent's choice and that if the respondent wishes to have such a representative, the respondent must designate the representative in writing.

(c) The agency must serve the notice of proposed action upon the respondent by mail or hand delivery no less than 30 days prior to the effective date of the proposed action to the respondent's last known residence or duty station.

(d) If the respondent is employed in a position covered by this part on the date the notice is served, the respondent is entitled to be retained in a pay status during the notice period.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Presidential Documents

Executive Order ... 10577

Executive Order ... 11491

Executive Order ... 13448

Executive Order ... 13467

Title 5 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 731 after this date.

  • 2016-12-01; vol. 81 # 231 - Thursday, December 1, 2016
    1. 81 FR 86555 - Recruitment, Selection, and Placement (General) and Suitability
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      Effective date: This final rule is effective January 3, 2017. Compliance date: March 31, 2017. As discussed below, OPM recognizes that there are legitimate, job/position-related reasons why a hiring agency may need to determine suitability at an earlier stage in the employment process. As such, this rule allows agencies to request from OPM an exception to accommodate such circumstances. Requests for an exception must be submitted to OPM by the agency's Chief Human Capital Officer (or equivalent) at the agency headquarters level. To permit agencies time to request exceptions where appropriate, this rule will have a compliance date of March 31, 2017.
      5 CFR Parts 330 and 731
The section you are viewing is cited by the following CFR sections.

Title 5 published on 2015-12-02.

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-12-01; vol. 81 # 231 - Thursday, December 1, 2016
    1. 81 FR 86555 - Recruitment, Selection, and Placement (General) and Suitability
      GPO FDSys: XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Final rule.
      Effective date: This final rule is effective January 3, 2017. Compliance date: March 31, 2017. As discussed below, OPM recognizes that there are legitimate, job/position-related reasons why a hiring agency may need to determine suitability at an earlier stage in the employment process. As such, this rule allows agencies to request from OPM an exception to accommodate such circumstances. Requests for an exception must be submitted to OPM by the agency's Chief Human Capital Officer (or equivalent) at the agency headquarters level. To permit agencies time to request exceptions where appropriate, this rule will have a compliance date of March 31, 2017.
      5 CFR Parts 330 and 731