[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.141]

[Page 62]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
      Subpart H_Appeals by Members of the Senior Executive Service
 
Sec.  28.141  Performance based actions.

    A career appointee removed from SES to a GAO position outside the 
SES for less than fully successful executive performance shall, upon 
notice of such removal, be entitled, upon request, to an informal 
hearing before a member of the Board designated by the Chair of the 
Board.
    (a) At the informal hearing, the career appointee and/or a 
representative and the agency may appear and present documentary 
evidence and argument.
    (b) The Board member will determine which, if any, witnesses will be 
allowed to testify. As a general rule, no cross-examination of witnesses 
will be allowed. The Board member will have discretion to allow cross-
examination of witnesses in exceptional circumstances.
    (c) The informal hearing shall not give the career appointee the 
right to initiate an action with the Board under another provision of 
these rules, nor need the removal action be delayed as a result of the 
granting of such hearing.