[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR315.805]

[Page 167]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents
 
  Subpart H--Probation on Initial Appoinment to a Competitive Position
 
Sec. 315.805  Termination of probationers for conditions arising before appointment.

    When an agency proposes to terminate an employee serving a 
probationary or trial period for reasons based in whole or in part on 
conditions arising before his appointment, the employee is entitled to 
the following:
    (a) Notice of proposed adverse action. The employee is entitled to 
an advance written notice stating the reasons, specifically and in 
detail, for the proposed action.
    (b) Employee's answer. The employee is entitled to a reasonable time 
for filing a written answer to the notice of proposed adverse action and 
for furnishing affidavits in support of his answer. If the employee 
answers, the agency shall consider the answer in reaching its decision.
    (c) Notice of adverse decision. The employee is entitled to be 
notified of the agency's decision at the earliest practicable date. The 
agency shall deliver the decision to the employee at or before the time 
the action will be made effective. The notice shall be in writing, 
inform the employee of the reasons for the action, inform the employee 
of his right of appeal to the Merit Systems Protection Board (MSPB), and 
inform him of the time limit within which the appeal must be submitted 
as provided in Sec. 315.806(d).