Withdrawal and readmission

(a) Withdrawal (1) In general (A) Treatment of withdrawal A Fellow may withdraw from the Program at any time, which shall be treated as a resignation from the Federal service, except that any obligations established upon appointment, such as from accepting a recruitment incentive under part 575 of title 5, Code of Federal Regulations, or any successor regulations, shall still apply. (B) Notification An agency shall notify the Director when a Fellow within the agency withdraws from the Program. (2) Competitive service (A) In general A Fellow who held a permanent appointment in the competitive service in an agency immediately before entering the Program, and who withdraws from the Program for a reason that is not related to misconduct, poor performance, or suitability, may, at the discretion of the employing agency, be placed in a permanent competitive service position, as appropriate, in that agency. (B) Not subject to appeal The determination of an agency under subparagraph (A) shall not be subject to appeal. (b) Readmission (1) No readmission If a Fellow withdraws from the Program for a reason that relates to misconduct, poor performance, or suitability, as determined by the employing agency, the individual may not be readmitted to the Program at any time. (2) Petition (A) In general If a Fellow withdraws from the Program for a reason that is not related to misconduct, poor performance, or suitability, the individual may petition the original employing agency for readmission and reappointment to the Program. (B) Requirements A petition submitted under subparagraph (A) shall be in writing and include the appropriate justification for the requested readmission and reappointment, and the applicable agency may approve or deny the request. (C) Submission to OPM If, under subparagraph (B), an agency approves a petition submitted under subparagraph (A), the agency shall submit that approved petition to the Director, which shall include the status of the applicable individual in the Program upon readmission and reappointment. (D) OPM discretion The Director, upon receipt of an approved petition under subparagraph (C), may overrule the decision of the agency submitting that approved petition, and that decision of the Director shall not be subject to appeal.