Subparts C-E-[Reserved]

Subpart F-Limited Emergency and Limited Term Appointments

AUTHORITY: 5 U.S.C. 1302, Pub. L. 95-454. SOURCE: 44 FR 75617, Dec. 21, 1979, unless otherwise noted.

§ 317.601 Authorization and duration.

(a) An agency may make a limited appointment only with the specific authorization of the Office of Personnel Management for use of the appointing authority.

(b) Each use of a limited appointment authority must be approved individually by the Office unless the agency has an agreement with the Office authorizing the agency to make limited appointments on its own under specified circumstances.

(c) The Office may authorize an agency to make a limited emergency appointment not to exceed 18 months to a position established to meet a bona fide, unanticipated, urgent need.

(d) The Office may authorize an agency to make a limited term appointment not to exceed 3 years to a position the duties of which will expire at the end of the period.

§ 317.602 Conditions of appointment. (a) A limited appointment may be made only to a general position.

(b) A limited appointment is not renewable. If an agency initially made the appointment for less than the maximum period authorized by the Office of Personnel Management, however, the agency may extend the appointment to the maximum period without the approval of the Office. The Office must be notified of the extension.

(c) A limited term or limited emergency appointee may not be appointed to, or continue to hold, a position under such an appointment if, within the preceding 48 months, the individual has served more than 36 months, in the aggregate, under any combination of limited term and limited emergency appointments.

§ 317.603 Selection of limited appointees.

An agency may make a limited appointment without the use of merit staffing procedures. The appointee, however, must meet the qualifications requirements for the position, as determined in writing by the appointing authority.

§ 317.604 Reassignment of limited appointees.

An agency may make the following reassignments of limited appointees to positions for which qualified without the prior approval of the Office of Personnel Management. The Office must be notified of the reassignment, however.

(a) An agency may reassign a limited emergency appointee to another general position established to meet a bona fide, unanticipated, urgent need, except that the appointee may not serve in one or more positions in the agency under such appointment in excess of 18 months.

(b) An agency may reassign a limited term appointee to another general position the duties of which will expire at the end of 3 years or less except that the appointee may not serve in one or more positions in the agency under such appointment in excess of 3 years.

§ 317.605 Tenure of appointees.

(a) A limited appointee does not acquire status within the Senior Executive Service on the basis of the limited appointment.

(b) An agency may terminate a limited appointment at any time.

(c) The employment of a limited appointee ends automatically on the expiration of the appointment if the appointment has not been terminated earlier.

(d) An employee who, without a break in service, received a limited appointment from a permanent civil service position held under a career or career conditional appointment (or an appointment of equivalent tenure) outside the Senior Executive Service and whose limited appointment is terminated for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in

(b) Paragraph (a) of this section does not apply when all qualified persons on the reemployment priority list decline or fail to respond to offers of reemployment.

(c) In selection from a reemployment priority list, an agency shall give preference to tenure group I employees over tenure group II employees and to qualified preference eligibles over nonpreference eligibles within each tenure group.

(d) An agency may make an exception to this section and appoint a person not on the reemployment priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the agency by a person on the list or a person on the list with higher standing than the person appointed. The agency shall notify each person adversely affected by an appointment under this paragraph of the reasons for the exception and of this right of appeal to Merit Systems Protection Board.

(e) An agency's reemployment list shall consist of:

(1) Former employees in the competitive service in tenure groups I or II who were separated under Part 351 of this chapter; and

(2) Former employees in the competitive service in tenure groups I or II who have fully recovered from a compensable injury (as defined in subchapter I of chapter 81 of title 5, United States Code) more than 1 year after they began receiving compensation and who apply for reappointment within 30 days of the date of cessation of compensation.

[33 FR 12425, Sept. 4, 1968, as amended at 40 FR 23836, June 3, 1975; 43 FR 2378, Jan. 17, 1978; 43 FR 6205, Feb. 14, 1978]

§ 330.202 Reemployment priority list appeals.

An employee or former employee who thinks his or her reemployment priority rights under this subpart have been violated is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations by presenting factual information that he or she was denied

restoration rights because of the cmployment of another person.

(5 U.S.C. 7701, et seq.)

[44 FR 48952, Aug. 21, 1979]

Subpart C-Displaced Employee Program

SOURCE: 35 FR 413, Jan. 13, 1970, unless otherwise noted.

§ 330.301 Definition.

In this subpart, "displaced employee" means a present or former career or career-conditional employee, or excepted employee with competitive status and in tenure group I or II as defined in Part 351 of this chapter, who

(a) Has received a reduction-in-force notice and whose employing agency has determined that he cannot be placed in another position in his competitive area;

(b) Has declined to transfer with his function, or to accept a new assignment, to another commuting area and whose employing agency has determined that he will not be placed in another position in his competitive area; (c) Was separated or furloughed because of a compensable injury sustained under the provisions of subchapter I of chapter 81 of title 5, United States Code; or

(d) Is under 60 years of age, has been retired under section 8337 of title 5, United States Code, and is subsequently found by OPM to have recovered from his disability or to have been restored to earning capacity.

[35 FR 413, Jan. 13, 1970, as amended at 40 FR 23836, June 3, 1975]

§ 330.302 Agency programs.

Each agency shall operate a positive placement program for its own displaced employees. The program shall, as a minimum, assure employees scheduled to be separated by reduction in force the same priority in consideration as separated persons who are included on the agency's reemployment priority list for the commuting

area.

$ 330.303 OPM program.

Subject to the time limits and other conditions published by OPM in the Federal Personnel Manual, a displaced employee is eligible for placement assistance under OPM's Displaced Employee Program.

§ 330.304 Priority referral.

(a) When made. OPM refers displaced employees to agencies for consideration in filling positions at GS-15 and below, or the equivalent, which (1) are expected to last more than 1 year, (2) are at or below the grade of the positions from which the employees were or will be displaced, and (3) are either vacant or filled by tenure group III employees as defined in Part 351 of this chapter other than status quo employees. Referrals are based on the qualifications of displaced employees and on the duties of the positions.

(b) Order of referral. OPM refers displaced employees in the descending order of their retention standing by groups and subgroups under Part 351 of this chapter.

(c) Selections. When an agency selects a displaced employee referred by OPM, it employs him by reinstatement, transfer, or position change, as appropriate.

§ 330.305 Restrictions.

(a) When a displaced employee receives priority referral under § 330.304(a) to a position for which he is qualified and available, the agency shall give him bona fide consideration for placement in the position. If there is no suitable vacancy, but there is a suitable position occupied by a tenure group III employee, other than a status quo employee, the agency shall establish a vacancy by separating a tenure group III employee under § 316.801 of this chapter.

(b) OPM will neither certify from a register of eligibles nor authorize appointment outside the register in the absence of eligibles to fill any position expected to last more than 1 year for which a displaced employee is eligible and available for priority referral.

§ 330.306 Duration of eligibility.

A tenure group I displaced employee is eligible for placement assistance under the Displaced Employee Program for 2 years, and a tenure group II employee for 1 year, from the date he was separated or from the date he entered the program, whichever is later. Eligibility is terminated earlier, however, (a) at the employee's written request; (b) upon his acceptance of a nontemporary, full-time, competitive position; or (c) upon his declination of full-time career or career-conditional employment at or above his former grade under conditions which he previously indicated as acceptable, unless OPM determines that in the interest of equity an exception is warranted.

Subpart D-Positions Restricted to Preference Eligibles

§ 330.401 Competitive examination.

In each entrance examination for the positions of custodian, elevator operator, guard, and messenger (referred to hereinafter in this subpart as restricted positions), OPM shall restrict competition to preference eligibles as long as preference eligibles are available.

(5 U.S.C. 3310)

§ 330.402 Direct recruitment.

In direct recruitment by an agency under delegated authority, the agency shall fill each restricted position by the appointment of a preference eligible as long as preference eligibles are available.

§ 330.403 Noncompetitive actions.

An agency may fill a restricted position by the appointment by noncompetitive action of a nonpreference eligible only in particular types of cases as determined by OPM. OPM shall publish in the Federal Personnel Manual a statement of the circumstances under which a restricted position may be filled by noncompetitive action.

Subpart E-Restrictions To Protect Competitive Principles

$ 330.501 General restriction on movement after competitive appointment.

An agency may promote an employee or reassign him to a different line of work, or to a different geographical area, and it may transfer a present employee or reinstate a former employee of the same or another agency to a higher grade or different line of work, or to a different geographical area, only after 3 months have elapsed since the employee's latest nontemporary competitive appointment. OPM may waive the restriction against movement to a different geographical area when it is satisfied that the waiver is consistent with the principles of open competition.

[37 FR 11965, June 16, 1972]

reach on a register for competitive appointment to the position to be filled. [34 FR 2649, Feb. 27, 1969]

Subpart F-Prohibited Practices

§ 330.601 Withdrawal from competition.

An applicant for competitive examination, an eligible on a register, and an officer or employee in the executive branch of the Government shall not persuade, induce, or coerce, or attempt to persuade, induce, or coerce, directly or indirectly, a prospective applicant to withhold filing application, or an applicant or eligible to withdraw from competition or eligibility, for a position in the competitive service, for the purpose of improving or injuring the prospects of an applicant or eligible for appointment. OPM shall cancel the application or eligibility of an applicant or eligible who violates this section, and shall impose such other penalty as it considers appropriate.

Subpart G-Placement Program for Nonstatus Individuals Receiving Compensation for Work Injuries and for Certain Disability Annuitants

§ 330.701 Coverage.

This subpart applies to each present or former employee who is not eligible for assistance under Subpart C of this part and who

(a) Was separated or furloughed because of a compensable injury sustained under the provisions of subchapter I of chapter 81 of title 5. United States Code; or

(b) Is under 60 years of age, has been retired under section 8337 of title 5, United States Code, and is subsequently found by OPM to have recovered from his disability or to have been restored to earning capacity. [40 FR 23836, June 3, 1975]

§ 330.702 Placement assistance.

Subject to the conditions published by OPM in the Federal Personnel Manual, an employee covered by this subpart may apply for examination by OPM for any position for which there is a register established or about to be