Restrictions.

§ 359.503 Restrictions. (a) Removal from the SES under this subpart may not be made effective within 120 days after— (1) The appointment of a new agency head; or (2) The appointment in the agency of the career appointee's most immediate supervisor who— (i) Is a noncareer appointee; and (ii) Has the authority to remove the career appointee. (b) For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position. (c) This restriction does not apply when the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee. [54 FR 18876, May 3, 1989, as amended at 57 FR 10125, Mar. 24, 1992]