report shall be accompanied by the applications of all applicants. A person selected for appointment from such a register may be appointed after the date the postmaster position is determined to involve 7 or more daily hours of service only with the prior approval of the Commission.

(b) When making an appointment from a register established under paragraph (a) of this section, the appointing officer shall select an eligible in accordance with §§ 332.404 through 332.407.

(c) When the Commission, after holding two examinations, is unable to secure a complete certificate of three eligibles for a postmaster position involving 7 or more daily hours of service, it may authorize the establishment of a register and selection therefrom in accordance with paragraphs (a) and (b) of this section.

[34 F.R. 19748, Dec. 17, 1969]

Subpart B-[Reserved] Subpart C-Period of Competition and Eligibility GENERAL

isting register, the Commission may establish special registers containing the names of eligibles from the quarterly examinations authorized by paragraph (a) of this section, together with the names of eligibles described in § 332.322, and use these registers for certification to fill appropriate vacancies.

[35 F.R. 414, Jan. 13, 1970 and 35 F.R. 10093, June 19, 1970]

§ 332.312 Applicants in military or overseas service.

Subject to the time limits and other conditions published by the Commission in the Federal Personnel Manual, the following persons are entitled to file applications for open competitive examinations after the closing date for receipt of applications when there is an existing register or a register about to be established:

(a) A person who could not file an application during the filing period, or appear for an assembled examination, because of military service, or hospitalization continuing for 1 year or less following discharge from military service;

(b) An employee of the Federal Government who, as a member of a reserve unit of the military service, could not file an application during the filing period, or appear for an assembled examination, because of active duty beyond 15 days with the military service even though the duty is designated for training purposes; and

(c) A United States citizen who could not file an application during the filing period, or appear for an assembled examination, because of overseas service with a Federal agency or with an international organization in which the United States Government participates. § 332.313 Preference eligibles separated from competitive positions.

The following persons are entitled to have their names entered on an appropriate existing register in the order prescribed by § 332.401 if they were last employed under career or career-conditional appointments:

(a) A preference eligible who is declared eligible therefor after appeal from furlough or discharge; and

(b) A preference eligible who has been furloughed or separated without delinquency or misconduct and who applies within 90 days after furlough or separation.

§ 332.314

Displaced employees eligible for placement assistance.

Subject to the time limits and other conditions published by the Commission in the Federal Personnel Manual, a person who is eligible for placement assistance under Subpart C of Part 330 of this chapter is entitled to have his name entered on an appropriate existing register or a register about to be established, in the order prescribed by § 332.401, at each grade or level for which he is qualified and which is above the grade or level of the position from which he was or is to be displaced. His name is entered on the register without restriction as to grade or level if the register is used to fill a position to which the Commission does not make priority referrals under § 330.304 of this chapter. [35 FR. 414, Jan. 13, 1970]

RESTORATION OF ELIGIBILITY

§ 332.322

Persons who lost eligibility because of military service.

(a) A person who lost a period of eligibility on a register because he has served on active military duty since June 30, 1950, is entitled to have his name restored to that register or a successor register when he meets the following conditions:

(1) He has not served more than four years following the date of his entrance on active military duty, exclusive of any additional service imposed pursuant to law. The date of entrance on duty means the first date between June 30, 1950, and July 1, 1971, on which he began a new period of active military duty, whether it was by original entry, reentry or extension.

(2) He is honorably separated from active military duty.

(3) He applies for restoration of eligibility within 90 days after discharge from active military duty or from hospitalization continuing for 1 year or less following separation from active military duty.

(4) He is still qualified to perform the duties of the position for which the register is used.

(b) When a person is entitled to have his name restored to a register under paragraph (a) of this section, the Commission shall enter his name at the top of the appropriate group on the register if another eligible standing lower on the register on which his name formerly appeared was given a career or careerconditional appointment from that register. For professional and scientific positions in GS-9 and above and in comparable pay levels under other pay-fixing authorities, all eligibles are in one group. For all other positions, preference eligibles with a compensable service-connected disability of 10 percent or more are in one group and all other eligibles in another.

(c) When there is no appropriate existing register, the Commission may establish special registers containing the names of persons entitled to priority of certification under paragraph (b) of this section, together with the names of eligibles described in § 332.311, and use these registers for certification to fill appropriate vacancies.

[33 F.R. 12426, Sept. 4, 1968, as amended at 35 F.R. 414, Jan. 13, 1970]

§ 332.323 Employees separated during probation.

An employee who is separated (voluntarily or involuntarily) without delinquency or misconduct during his probationary period is entitled to have his name restored to the register of eligibles from which he was appointed, if he applies for restoration while the register is still in use.

Subpart D-Consideration for
Appointment

Subject to apportionment, residence, and other requirements of law and this chapter, the Commission shall enter the names of eligibles on the appropriate register in accordance with their numerical ratings, except that the names of:

(a) Preference eligibles shall be entered in accordance with their augmented ratings and ahead of others having the same rating; and

(b) Preference eligibles who have a compensable service-connected disability of 10 percent or more shall be entered at the top of the register in the order of their ratings unless the register is for

professional or scientific positions in GS-9 and above and in comparable pay levels under other pay-fixing authorities. § 332.402 Regular order of certification for appointment.

When the Commission receives a request for certification of eligibles, it shall prepare a certificate from the top of the appropriate register containing the names of a sufficient number of eligibles to permit the appointing officer to consider three eligibles in connection with each vacancy.

§ 332.403 Selective certification.

When there is no register appropriate as a whole for the certification of eligibles for a particular position, the Commission may prepare a certificate from the most nearly appropriate existing register by the selective certification of eligibles qualified for the particular position in the order of their ranking on the register. Special overseas selection factors may also be used as a basis for selective certification from a register used for filling overseas positions. When appropriate, the Commission may rerate the eligibles on the register on the basis of the particular requirements of the position. § 332.404 Order of selection from cer

tificates.

An appointing officer is not required to consider an eligible who has been considered by him for three seperate appointments from the same or different certificates for the same position. § 332.406 Objections to eligibles.

An appointing officer is not required to consider an eligible to whose certification for the particular position he makes an objection that is sustained by the Commission for any of the reasons stated in § 339.101 or § 731.201 of this chapter or for other reasons considered by the Commission to be disqualifying for the particular position. The Commission

may also sustain an objection to certifi cation of an otherwise qualified eligible for an overseas position on the basis of special overseas selection factors.

§ 332.407 Passing over preference eligibles.

(a) When an appointing officer passes over a preference eligible and tentatively selects a nonpreference eligible, he shall submit his reasons for not selecting the preference eligible to the Commission for a finding as to their sufficiency. The appointing officer shall withhold further action on the appointment of the nonpreference eligible until he receives the Commission's finding. If the Commission finds that the reasons are sufficient, the appointing officer may then appoint the nonpreference eligible. If the Commission finds that the reasons are not sufficient, the appointing officer may not pass over the preference eligible and appoint the nonpreference eligible. The appointing officer shall follow the procedure for passing over a preference eligible published by the Commission in the Federal Personnel Manual.

(b) When the Commission has on three occasions found that appointing officers had sufficient reasons for passing over a preference eligible, it may discontinue certifying his name for appointment after notice of that action is sent to the preference eligible.

§ 332.408 Restriction of consideration

to one sex.

An appointing officer may not restrict his consideration of eligibles or employees for competitive appointment or appointment by noncompetitive action to a position in the competitive service to one sex, except in unusual circumstances when the Commission finds the action justified.

[34 F.R. 5367, Mar. 19, 1969]

PART 333-RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM APPOINTMENTS OUTSIDE THE REGISTER

§ 333.102

Preference in temporary and term appointments outside the register.

In making temporary and term appointments outside the register, an agency shall give preference to preference eligibles as follows:

(a) For professional and scientific positions in GS-9 and above and in comparable pay levels under other pay-fixing authorities preference shall be given to preference eligibles without regard to type of preference.

(b) For other positions, preference shall be given first to preference eligibles with compensable service-connected disability of 10 percent or more, and second to other preference eligibles.

335.103

Agency promotion programs. AUTHORITY: The provisions of this Part 335 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954-1958 Comp. p. 218.

SOURCE: The provisions of this Part 335 appear at 33 F.R. 12428, Sept. 4, 1968, unless otherwise noted.

Subpart A-General Provisions

§ 335.101 Effect of position change on status and tenure.

(a) Status. A position change authorized by § 335.102 does not change the competitive status of an employee.

(b) Tenure. Except as provided in paragraph (c) of this section and

§ 316.703 of this chapter, a position change authorized by § 335.102 does not change the tenure of an employee.

(c) Exceptions. (1) A career-conditional employee who is promoted, demoted, or reassigned to a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis becomes a career employee.

(2) A career employee who is promoted, demoted, or reassigned from a position paid under chapter 45 of title 39, United States Code, or required by law to be filled on a permanent basis to a position under the career-conditional employment system becomes a careerconditional employee unless he has completed the service requirement for career tenure.

§ 335.102 Agency authority to promote, demote, or reassign.

Subject to § 335.103 and, when applicable, to §§ 305.502 and 305.505 of this chapter, an agency may:

(a) Promote, demote, or reassign a career or career-conditional employee or an employee serving under career executive assignment;

(b) Reassign an employee serving under a temporary appointment pending establishment of a register to a position to which his original assignment could have been made by the same appointing officer from the same recruiting list under the same order of consideration;

(c) Promote, demote, or reassign an employee serving under an overseas limited appointment of indefinite duration or an overseas limited term appointment to another position to which an initial appointment under § 301.201, § 301.202, or § 301.203 of this chapter is authorized;

(d) Promote, demote, or reassign (1) a status quo employee and (2) an employee serving under an indefinite appointment in a competitive position, except that this authority may not be used to move an employee:

(i) From a position in which an initial overseas limited appointment is authorized to another position; or

(ii) To a position in which an initial overseas limited appointment is authorized from another position; and

(e) Promote, demote, or reassign a term employee serving on a given project to another position within the project which the agency has been authorized to fill by term appointment.

(f) (1) Except as otherwise specifically authorized by the Commission, temporarily promote an employee to meet a temporary need for a definite period of 1 year or less and extend such a promotion for a definite period not to exceed 1 additional year. At the end of the period for which the agency temporarily promoted the employee, or when the agency determines that it no longer needs the employee in the position, the agency shall return the employee to the position from which it temporarily promoted him, except when it reassigns or demotes him, without time limitation and with his consent, to a different position. The return of an employee to the position from which the agency temporarily promoted him under this subparagraph or his reassignment or demotion to a different position that is not at a lower grade or level than the position from which he was temporarily promoted is not subject to Parts 351, 752, 771 or 772 of this chapter.

(2) This paragraph applies to a career, career-conditional, status quo, indefinite, or term employee and to an employee serving under a career executive assignment, an overseas limited appointment of indefinite duration, or an overseas limited term appointment.

[33 F.R. 12428, Sept. 4, 1968, as amended at 35 F.R. 13075, Aug. 18, 1970]

§ 335.103 Agency promotion programs.

Except as otherwise specifically authorized by the Commission, an agency may make promotions under § 335.102 only to positions for which the agency has adopted and is administering a program designed to insure a systematic means of selection for promotion according to merit. The promotion program shall conform with the standards and instructions of the Commission and shall include:

(a) Guidelines stating how promotion plans are established and operated; and (b) Plans for the selection of employees for promotion.

PART 337-EXAMINING SYSTEM
Subpart A-General Provisions

§ 337.101 Rating applicants.

(a) The Commission shall prescribe the relative weights to be given subjects in an examination, and shall assign numerical ratings on a scale of 100. Except as provided in § 930.203 (a) of this chapter, each applicant who meets the

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minimum requirements for entrance to an examination and is rated 70 or more in the examination is eligible for appointment.

(b) The Commission shall add to the earned numerical ratings of applicants who make a passing grade:

(1) Five points for applicants who are preference eligibles under section 2108(3) (A) and (B) of title 5, United States Code; and

(2) Ten points for applicants who are preference eligibles under section 2108(3) (C)-(G) of that title.

(c) When experience is a factor in determining eligibility, the Commission shall credit a preference eligible with:

(1) Time spent in the military service (i) as an extension of time spent in the position in which he was employed immediately before his entrance into the military service, or (ii) on the basis of actual duties performed in the military service, or (iii) as a combination of both methods. The Commission shall credit time spent in the military service according to the method that will be of most benefit to the preference eligible.

(2) All valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether pay received therefor.

was