(a) Neither OPM nor an agency acting under delegated authority may take a suitability action in connection with any application for, or appointment to, a position that is not subject to investigation or check under Sec. 731.104.
(b) OPM may take a suitability action under this part against an applicant or appointee based on any of the criteria of Sec. 731.202;
(c) Except as limited by Sec. 731.103(g), an agency, exercising delegated authority, may take a suitability action under this part against an applicant or appointee based on the criteria of Sec. 731.202;
(d) OPM may take a suitability action under this part against an employee based on the criteria of Sec. 731.202(b)(3), (4), or (8).
(e) An agency may not take a suitability action against an employee. Nothing in this part precludes an agency from taking an adverse action against an employee under the procedures and standards of part 752 of this chapter or terminating a probationary employee under the procedures of part 315 or part 359 of this chapter. An agency must notify OPM to the extent required in Sec. 731.103(g) if it wants to take, or has taken, action under these authorities.