upon the person's acceptance of a nontemporary, full-time position or upon his declination of full-time employment in a position equivalent to the one he held at the time of injury.

[33 FR 12413, Sept. 4, 1968, as amended at 40 FR 23835, June 3, 1975]

§ 302.304 Arrangement of ratings.

(a) Order of consideration. Except as provided in paragraph (d) of this section, an agency shall consider the names of applicants who have been assigned eligible numerical ratings for a given position in either order A or order B set forth in paragraphs (b) and (c) of this section.

(b) Order A. (1) The name of each qualified preference eligible who has a compensable service-connected disability of 10 percent or more and is entitled to 10-point preference under section 3309 of title 5, United States Code, and whose name appears on the agency reemployment list, in the order of his numerical rating.

(2) The name of each other qualified preference eligible who has a compensable service-connected disability of 10 percent or more and is entitled to 10point preference under section 3309 of title 5, United States Code, in the order of his numerical rating.

(3) The name of each other qualified applicant on the agency reemployment list in the order of his numerical rating.

(4) The name of each other qualified applicant in the order of his numerical rating.

(c) Order B. (1) The name of each qualified preference eligible who has a compensable service-connected disability of 10 percent or more and is entitled to 10-point preference under section 3309 of title 5, United States Code, and whose name appears on the agency reemployment list, in the order of his numerical rating.

(2) The name of each other qualified applicant on the agency reemployment list in the order of his numerical rating.

(3) The name of each other qualified preference eligible who has a compensable service-connected disability of 10 percent or more and is entitled to 10point preference under section 3309 of

title 5, United States Code, in the order of his numerical rating.

(4) The name of each other qualified applicant, in the order of his numerical rating.

(d) Professional order. An agency shall consider the names of applicants who have been assigned eligible numerical ratings for professional and scientific positions in GS-9 and above in the following order:

(1) The name of each applicant on the agency reemployment list, in the order of his numerical rating.

(2) The name of each other applicant, in the order of his numerical rating.

Subpart D-Selection and Appointment; Reappointment; and Qualifications for Promotion

§ 302.401 Selection and appointment.

(a) Selection. When making an appointment from an employment list, an agency shall select for appointment to each vacancy from not more than the highest three names available for appointment in the order provided in § 302.304, except that an agency is not required to:

(1) Accord an applicant on the agency reemployment list the preference consideration required by § 302.304 if the reemployment list does not contain the names of at least three preference eligibles; or

(2) Consider an applicant who has previously been considered three times or a preference eligible if consideration of his name has been discontinued for the position as provided in paragraph (b) of this section.

(b) Passing over a preference applicant. When an agency, in making an appointment as provided in paragraph (a) of this section, passes over the name of a preference eligible who is entitled to prior consideration under § 302.304 and selects a nonpreference eligible, it shall record its reasons for so doing, and shall furnish a copy of those reasons to the preference eligible or his representative on request. An agency may discontinue consideration of the name of a preference eligible for a position if on three occasions the agency has considered him for the

position and has passed over his name and recorded its reasons for so doing.

§ 302.402 Reappointment.

An agency may reappoint a former employee of the executive branch of the Federal Government or the government of the District of Columbia who is a preference eligible to a position covered by this part without regard to the names of qualified applicants on the agency reemployment list or regular employment list.

§ 302.403 Qualifications for promotion.

In determining qualifications for promotion with respect to an employee who is a preference eligible, an agency shall waive:

(a) Requirements as to age, height and weight unless the requirement is essential to the performance of the duties of the position; and

(b) Physical requirements if, in the opinion of the agency, after considering the recommendation of an accredited physician the preference eligible is physically able to perform efficiently the duties of the position for which the promotion is proposed.

(3) Positions excepted from the competitive service by statute; and

(4) Positions of Administrative Law Judge.

(b) Persons. The executive assignment system applies to all persons who are assigned to positions under the system.

[33 FR 12416, Sept. 4, 1968, as amended at 41 FR 51579, Nov. 2, 1976]

§ 305.103 Responsibilities for administration.

(a) OPM responsibilities. OPM is responsible for effectively implementing and administering the executive assignment system.

(b) Responsibilities of the agencies. Periodically, under such conditions as OPM may specify, the head of each agency in which there are positions covered by the executive assignment system shall review with OPM his plans for staffing upper level positions. The head of a newly established agency in which there are such positions shall initially review with OPM his plans for executive staffing as soon as practicable after the establishment of the agency. The head of each agency shall cooperate fully with OPM in establishing needed staffing facilities.

Subparts B-D-[Reserved]

Subpart E-Career Executive Assignments

§ 305.501 Filling positions covered by the executive assignment system.

An agency, in filling a position subject to the executive assignment system, shall make a career executive assignment unless OPM authorizes a limited executive assignment under § 305.509, or a noncareer executive assignment under § 305.601.

§ 305.502 Career executive assignments of Federal employees.

(a) Except as provided in paragraph (b) of this section, in making a career executive assignment, the agency shall first consider fully (1) qualified employees under its merit promotional program and (2) qualified and availa

ble Federal employees of other agencies.

(b) This section does not apply when OPM authorizes (1) the movement of an employee serving under career executive assignment to a career executive assignment at the same or lower grade under § 305.505(a) or § 305.506(a) or (2) the promotion, in the same position, of an employee whose position is reclassified upward without material change in duties.

§305.503 Career executive assignments from outside the competitive service. (a) Recruitment. Subject to § 305.502, an agency may recruit from outside the competitive service for career executive assignment under such standards of merit and through such facilities as OPM may prescribe.

(b) Order on list. When an assignment is to be made under this section, the names of eligibles are entered on the appropriate list of eligibles in accordance with their numerical ratings except that the names of:

(1) Preference eligibles are listed in accordance with their augmented ratings and ahead of others having the same rating; and

(2) Preference eligibles who have a compensable service-connected disability of 10 percent or more are entered at the top of the list in the order of their ratings unless the vacancy is in a professional or scientific position. An agency is furnished a certificate from the top of the list containing the names of a sufficient number of eligibles to permit consideration of three eligibles in connection with each vacancy.

(c) Selection. An agency, with sole regard to merit and fitness, shall select an eligible from the highest three eligibles on the certificate who are available for appointment.

§ 305.504 Tenure and status of persons given career executive assignments. (a) Tenure. A person given a career executive assignment is a career employee if he has completed, or is excepted from, the service requirement for career tenure. If he has not completed, or is not excepted from, the service requirement for career tenure he is a career-conditional employee.

(b) Status. A person given a career executive assignment who is required to serve or complete a probationary period by § 305.508 acquires a competitive status automatically on completion of probation.

$305.505 Position change.

(a) Reassignment or demotion. Subject to prior approval by OPM of the qualifications of the employee and, when applicable, to the provisions of Part 752 of this chapter, an agency may reassign or demote an employee serving under career executive assignment to another career executive assignment without regard to § 305.502.

(b) Promotion. Subject to § 305.502 and to prior approval by OPM of the qualifications of the employee, an agency may promote a career or career-conditional employee to an initial career executive assignment, or from one career executive assignment to another.

§ 305.506 Transfer.

(a) To the same or lower grade. Subject to prior approval by OPM of the qualifications of the employee, an agency may transfer to a career executive assignment an employee who is serving under career executive assignment at the same or higher grade without regard to § 305.502.

(b) To a higher grade. Subject to $305.502 and to prior approval by OPM of the qualifications of the employee, an agency may transfer to a career executive assignment an employee who is serving with career or career-conditional tenure at a lower

grade.

§ 305.507 Assignment of persons not serving with career or career-conditional tenure.

(a) Coverage. This section applies to present and former employees who have basic eligibility for noncompetitive appointment conferring career or career-conditional tenure under a law. Executive order, or Civil Service rule or regulation, but who are not serving with that tenure.

(b) Authority. Subject to § 305.502 (except for legislative and judicial employees eligible for appointment under section 3304(c) of title 5, United States

Code), and subject to prior approval by OPM of the qualifications of the person, an agency nay fill a position by career executive assignment of a person covered by this section.

§ 305.508 Probationary period.

An employee serving under career executive assignment serves or completes a probationary period of 1 year if a career or career-conditional employee is required by § 315.801 of this chapter to serve or to complete a probationary period under like circumstances. An agency may terminate an employee at any time during his probationary period. The employee is entitled to the procedures and the right of appeal set forth in §§ 315.804 to 315.807 of this chapter, as appropriate.

§ 305.509 Limited executive assignments.

(a) Authorization. OPM may authorize an agency to fill a position by limited executive assignment when:

(1) The position is expected to be of limited duration, or

(2) The agency establishes an unusual need for urgent staffing that cannot adequately be met under the procedures required for career executive assignments.

(b) Time limit. OPM shall specify a time limit within which an agency may use an authority for limited executive assignment, and may revoke the authority at any time.

(c) Tenure and status. An employee may serve a maximum of 5 continuous years and does not acquire competitive status under limited executive assignment.

(d) Eligibility for within-grade increases. An employee serving under a limited executive assignment is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

[35 FR 3217, Feb. 20, 1970]

§ 305.510 Change of limited executive assignment to another type of appointment.

If an employee completes 5 years of continuous service in an agency under limited executive assignment, the agency shall:

60-004 O-80-11

(a) Convert the limited executive assignment to a career executive assignment in the same position and grade;

(b) Subject to prior approval by OPM of the qualifications of the employee, assign him to another position at the same or lower grade under career executive assignment or noncareer executive assignment, as appropriate;

(c) Give the employee a career appointment to a continuing position in the competitive service at GS-15 or below; or

(d) Separate him from the service.

Subpart F-Noncareer Executive Assignments

§ 305.601 Positions filled by noncareer executive assignments.

(a) When, after consulting the agency concerned, OPM determines that the requirements of this section are met, it may authorize an agency to fill a position by noncareer executive assignment in the excepted service without following the procedures required for making career executive assignments.

(b) To qualify to be filled by noncareer executive assignment, a position must be one whose incumbent will:

(1) Be deeply involved in the advocacy of Administration programs and support of their controversial aspects;

(2) Participate significantly in the determination of major political policies of the Administration; or

(3) Serve principally as personal assistant to or adviser of a Presidential appointee or other key political figure.

(c) A position does not qualify to be filled by noncareer executive assignment if its principal responsibility is the internal management

of an

agency, or if it involves long-standing recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature.

(d) In determining the positions to be filled by noncareer executive assignment under paragraph (a) of this section OPM shall:

(1) Limit the number of positions excepted to a relatively small proportion of the positions in the agency in GS16, 17, and 18, taking into considera

tion the size of the agency and the nature of its program; and

(2) Define the area of the agency's activity in which noncareer executive assignments would be appropriate and specify organizational levels, as distinguished from grade levels, below which noncareer executive assignment would be inappropriate.

§ 305.602 Review of noncareer executive assignments.

OPM shall review periodically the positions filled by noncareer executive assignments under § 305.601. After consulting the agency concerned, it shall revoke the authorization to fill a position by noncareer executive assignment when it finds that the position no longer meets the qualifying criteria. Sections 315.701 and 316.702 of this chapter do not apply when the authorization for noncareer executive assignment is revoked under this section.

§ 305.603 Status and tenure.

An employee serving under a noncareer executive assignment is in the excepted service and does not acquire a competitive status on the basis of that service. A noncareer executive assignment is made without condition or limitation, except when the appointing agency determines that the tenure is indefinite.

[35 FR 3065, Feb. 17, 1970]

§ 305.604 Removal.

Subject to the provisions of Part 752 of this chapter, an appointing officer shall remove a person from a noncareer executive assignment when the qualifications or relationships required for the assignment change or cease to exist.

Subpart G-Transitional Provisions

§ 305.701 Change of indefinite or TAPER employment to another type of appointment.

If an employee was serving under indefinite or TAPER appointment when his position was made subject to the executive assignment system and he subsequently completes 5 years of con