[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.501]

[Page 26]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 731--SUITABILITY--Table of Contents
 
         Subpart E--Appeal to the Merit Systems Protection Board
 
Sec. 731.501  Appeal to the Merit Systems Protection Board.


    (a) An individual who has been found unsuitable for employment may 
appeal the decision to the Merit Systems Protection Board (the Board). 
An employee or appointee who appeals a removal directed by OPM shall 
notify the employing agency of the appeal at the time it is filed.
    (b) Appeal Procedures. The procedures for filing an appeal with the 
Board are found at part 1201 of Title 5, Code of Federal Regulations.
    (c) Pay Status Pending Appeal. When an employee or appointee whom 
OPM has determined to be unsuitable files an appeal to the Board, the 
employing agency may either suspend the employee or appointee on the day 
following the date on which the removal was to have been effected 
pending adjudication of the appeal, or retain the employee or appointee 
in an active duty status for the period, in which event the agency shall 
so notify the employee or appointee. Part 752 of this chapter does not 
apply to the suspension.

[59 FR 47527, Sept. 16, 1994]