Who can issue a notice of proposed action?

• A. OPM only
• B. The agency only
• C. Both OPM and the agency
• D. Neither

Answer: (C)

A notice of proposed action is the formal pre-decisional notice in an adverse personnel process. It informs the employee what action is being considered, the facts and evidence supporting it, and the rights to respond or present a defense within a specified period.

In federal human resources practice, the authority to issue this notice isn’t limited to a single actor. The agency that is proposing the action can issue the NPA, outlining the potential discipline or action and the supporting evidence. At the same time, the Office of Personnel Management can issue an NPA in situations where it is the appointing authority or where regulations assign it responsibility for administering the action. Because either party can initiate the action under different rules, both OPM and the agency may issue a notice of proposed action.