[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR432.107]

[Page 340]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 432_PERFORMANCE BASED REDUCTION IN GRADE AND REMOVAL ACTIONS--
Table of Contents
 
Sec. 432.107  Agency records.

    (a) When the action is effected. The agency shall preserve all 
relevant documentation concerning a reduction in grade or removal which 
is based on unacceptable performance and make it available for review by 
the affected employee or his or her representative. At a minimum, the 
agency's records shall consist of a copy of the notice of proposed 
action, the answer of the employee when it is in writing, a summary 
thereof when the employee makes an oral reply, the written notice of 
decision and the reasons therefor, and any supporting material including 
documentation regarding the opportunity afforded the employee to 
demonstrate acceptable performance.
    (b) When the action is not affected. As provided at 5 U.S.C. 
4303(d), if, because of performance improvement by the employee during 
the notice period, the employee is not reduced in grade or removed, and 
the employee's performance continues to be acceptable for 1 year from 
the date of the advanced written notice provided in accordance with 
Sec. 432.105(a)(4)(i), any entry or other notation of the unacceptable 
performance for which the action was proposed shall be removed from any 
agency record relating to the employee.

[55 FR 25950, June 26, 1990, as amended at 58 FR 65534, Dec. 15, 1993]