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When notice of proposed demotion is given to an employee, the supervisor must comply with the following:
- The employee must be provided a 30-day advance written notice of the proposed action. The notice must identify specific instances of unacceptable performance on which the action is based. Critical result(s) involved must be listed. The unacceptable performance must have occurred during the one-year period that ends on the date of the proposed notice.
- The employee is entitled to be represented by an attorney or other personal representative.
- The employee must be given a reasonable amount of time, but not less than 7 days to answer both orally and in writing, and to furnish affidavits or other documentary evidence.
- The employee is entitled to have access to all materials relied upon for the proposed notice. The employee is entitled to a written decision and the specific reasons for the decision at the earliest practicable date and before the effective date of the action.
- Before proposing a demotion, Supervisors must consult their servicing personnel office.
5 CFR 432.105
5 USC 7513
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