Code of Federal Regulations · Section
§ 359.407 — Appeals
5 C.F.R. § 359.407
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(a) Removal under § 359.402, 359.403, or 359.404 is not appealable to the Merit Systems Protection Board under 5 U.S.C. 7701.
(b) Removal under § 359.405 is appealable to the Merit Systems Protection Board under 5 U.S.C. 7701 as to whether the reduction in force complies with the competitive procedures required under 5 U.S.C. 3595(a).
Authorizing Statute
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Appellate procedures5 U.S.C. § 7701
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Reduction in force in the Senior Executive Service5 U.S.C. § 3595
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Regulations5 U.S.C. § 1302