(c) An Official Personnel Folder shall be disclosed to an official of the executive branch who has a need for the information in the performance of his official duties. [34 F.R. 12426, July 30, 1969] Subpart H-Appeals § 294.801 Agency administrative appeals. (a) An appeal file established under § 771.208 of this chapter or a complaint file established under § 713.220 of this chapter shall be disclosed to the parties concerned, subject to the proscription against the disclosure of medical information in § 294.401. For the purpose of this section, "the parties concerned” means the Government employee or former Government employee involved in the proceeding, his representative designated in writing, and the representatives of the agency or the Commission involved in the proceeding. (b) The agency having custody of an appeal or complaint file, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from such a file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy: (1) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned; (2) The status of the case; (4) The nature of the action appealed or the subject of the complaint; and (5) With the consent of the parties concerned, other specifically identified information from the file. (c) The agency having custody of an appeal or complaint file may fix reasonable times and places for disclosure under this section. personal privacy or violate the proscription against the disclosure of medical information in § 294.401. (b) The Commission will disclose to the parties concerned the information contained in an appeal or complaint file in proceedings under Part 352, 353, 713, or 772 of this chapter, except when the disclosure would violate the proscription against the disclosure of medical information in § 294.401. For the purpose of this section, "the parties concerned” means the Government employee or former Government employee involved in the proceeding, his representative designated in writing, and the representative of the agency or the Commission involved in the proceeding. (c) The Commission, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from an appeal or complaint file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy: (1) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned; (2) The status of the case; (3) The decision on the case; (4) The nature of the action appealed or the subject of the complaint; and (5) With the consent of the parties concerned, other specifically identified information from the file. [33 F.R. 12409, Sept. 4, 1968, as amended at 33 F.R. 17948, Dec. 4, 1968] Subpart I-Retirement Subpart 1-Employment of Substitutes in the Field Service of the Post Office Department 300.901 Temporary appointment of substitutes in the postal field service. 300.902 Change of substitutes to regulars in the postal field service. AUTHORITY: The provisions of this Part 300 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted. §§ 300.601 to 300.605 interpret and apply 5 U.S.C. 3101 note. SOURCE: The provisions of this Part 300 appear at 33 F.R. 12412, Sept. 4, 1968, unless otherwise noted. Subpart A-[Reserved] Subpart B-[Reserved] (a) "Active military duty" means active duty in full pay status in the Armed Forces of the United States, including an initial period of active duty for training. (b) "Obligated position” means a position to which an employee has a statutory restoration right based on active military duty or a reemployment right based on Subpart B of Part 352 of this Chapter. § 300.502 Restriction on filling obligated position on permanent basis. An agency may fill an obligated position on a permanent basis, only: (a) By reassignment through reduction in force to or below a grade (or level) permanently held by the employee before September 1, 1950; or (b) By demotion to or below a grade (or level) permanently held by the employee before September 1, 1950. (5 U.S.C. 3101 note) Subpart F-Time-in-Grade is subject to the General Schedule from a competitive or excepted position that is subject either to the General Schedule or to a wage system under section 5341(a) of title 5, United States Code, by: (1) Promotion; (2) Transfer to a higher grade; or (3) Any type of appointment under this chapter (including reemployment and reinstatement) made within 1 year after separation from a nontemporary appointment. (b) This subpart does not apply: (1) When the position from which the advancement is made is outside the competitive service and in the legislative or judicial branch; or (2) When the position from which the advancement is made is not subject to the General Schedule or to a wage system under section 5341(a) of title 5, United States Code, unless the employee advanced held a position of this type within the preceding year. (3) When the position from which the advancement is made is subject to a wage system under section 5341(a) of title 5, United States Code, and the employee is eligible for placement assistance under Subpart C of Part 330 of this chapter, unless the employee held a general schedule position within the preceding year. [34 F.R. 2649, Feb. 27, 1969, as amended at 35 F.R. 10489, June 27, 1970] (a) Advancement to positions at GS12 or above. An agency may advance an employee to a position at GS-12 or above only after he has served 1 year at the next lower grade. (b) Advancement to positions at GS-6 through GS-11. An agency may advance an employee to a position at GS-6 through GS-11 only after he has served: (1) One year in a position two grades lower, when the position to which he is advanced is in a line of work properly classified at two-grade intervals; or (2) One year at the next lower grade, when the position to which he is advanced is in a line of work properly classified at one-grade intervals. (c) Advancement to positions at GS-5 or below. An agency may advance an employee to a position at GS-5 or below which is not more than two grades above the lowest grade he held within the preceding year under a nontemporary appointment. 50-005-71-6 § 300.603 Exceptions to restrictions. (a) Section 300.602 does not prevent the advancement of an employee when: (1) The advancement is in accordance with a training agreement which has been approved by the Commission; however, an agency may not make promotions of more than two grades in 1 year solely on the basis of a training agreement or series of training agreements; (2) The advancement is to any grade or level up to that from which the employee has ever been demoted or separated by any agency because of a reduction in force; (3) The employee is within reach on a register for competitive appointment to the position to be filled; or (4) The Commission, on request of the head of the agency, authorizes the advancement to avoid undue hardship or inequity, in an individual case of meritorious nature. (b) Section 300.602 (a) and (b) does not prevent the advancement of an employee who has 1 year of service in a position two grades lower than the position to be filled if there is no position in the normal line of promotion that is one grade lower than the position to be filled. (c) Section 300.602 (c) does not prevent the advancement of an employee to a position at GS-5 or below which he held previously or to which he could have been advanced previously under that paragraph. § 300.604 Periods of creditable service. (a) Except as provided in § 330.502 of this chapter, the periods of service required by §§ 300.6002 (a) and (b) and 300.603(b) include all service at the appropriate or higher grade or level in positions in the Federal or District of Columbia civilian service regardless of whether or not the positions were subject to the General Schedule. (b) Except as provided in § 330.502 of this chapter, when two periods of service in positions subject to the General Schedule are interrupted for less than 1 year by service in a position not subject to the General Schedule, the latter service is counted as a continuation of the prior service in the position subject to the General Schedule. (c) Except as provided in paragraph (b) of this section, and in § 330.502 of this chapter, service in a position not subject to the General Schedule is counted at the equivalent General Schedule grade in effect when the service was performed. The equivalent General Schedule grade is determined by comparing the representative rate of the position, as defined in Part 351 of this chapter, with the representative rates of positions under the General Schedule. The highest General Schedule grade whose representative rate does not exceed the representative rate of the position by more than one withingrade increase is the equivalent General Schedule grade. [34 F.R. 2649, Feb. 27, 1969] § 300.605 Other time restrictions. The time-in-grade restrictions in this subpart are in addition to the time-aftercompetitive-appointment restrictions contained in Subpart E of Part 330 of this chapter. [34 F.R. 2649, Feb. 27, 1969] Subpart G-[Reserved] Subpart H-[Reserved] Subpart I-Employment of Substitutes in the Field Service of the Post Office Department § 300.901 Temporary appointment of substitutes in the postal field service. When a quota of substitutes in the postal field service is filled and the Post Office Department has authorized the appointment of additional substitutes for temporary work of indefinite duration, the appointing officer may fill those positions by either of the following methods: (a) The appointment of former Federal employees with eligibility for reinstatement. A person so appointed does not gain career status from the appointment. (b) The selection of eligibles from a certificate furnished by the Commission on request of the appointing officer. The appointing officer shall make selection from a certificate in accordance with §§ 332.404 through 332.407 of this chapter. A person so appointed does not obtain a competitive status from the appointment. § 300.902 Change of substitutes to regulars in the postal field service. (a) General. When a vacant regular position in the postal field service is to be filled, the appointing officer may fill it by: (1) Changing a substitute to regular, if the substitute is eligible for and will accept the regular position; or (2) Position change, reinstatement, or transfer of a person with competitive status in accordance with this chapter. (b) Order in which changes are made. (1) An appointing officer shall change substitutes to regulars in the order of their original appointments. An appointing officer shall change substitutes who were appointed on the same day to regulars in the order in which their names appeared on the register from which they were appointed. (2) When corrective action on an appointment is taken to comply with the requirements of Subpart D of Part 332 of this chapter, "order of original appointment" means the order in which appointment would have been made had the correct action been taken originally. (5 U.S.C. 3364) 301.203 301.204 301.205 Appointment of citizens recruited outside overseas areas. Duration of appointment. Status and trial period. 801.206 Requirements and restrictions. 301.207 Within-grade increases. AUTHORITY: The provisions of this Part 301 issued under 5 U.S.C. 3301, 8302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, as amended by E.O. 10641; 3 CFR, 1954–1958 Comp., p. 274. SOURCE: The provisions of this Part 301 appear at 33 F.R. 12413, Sept. 4, 1968, unless otherwise noted. Subpart A-[Reserved] adequate and appropriate register resulting from an examination held in the locality where the vacancy exists. § 301.203 Appointment of citizens recruited outside overseas areas. When the Commission determines that unusual or emergency conditions make it infeasible to appoint from a register, it may authorize an agency to give an overseas limited appointment to a United States citizen recruited in an area where an overseas limited appointment is not authorized. § 301.204 Duration of appointment. (a) An appointment under this subpart is of indefinite duration unless otherwise limited. (b) An agency may make overseas limited term appointment for a period not in excess of 5 years when a time limitation is imposed as a part of a general program for rotating career and career-conditional employees between overseas areas and the United States after specified periods of overseas service. (c) Under conditions published by the Commission in the Federal Personnel Manual, an agency may make overseas limited appointment for 1 year or less to meet administrative needs for temporary employment. An agency may extend an appointment made for a period of 1 year or less under this paragraph, under conditions published by the Commission in the Federal Personnel Manual. § 301.205 Status and trial period. (a) An overseas limited employee does not acquire a competitive status on the basis of his overseas limited appointment. He is required to serve a trial period of 1 year when given an overseas limited appointment of indefinite duration or an overseas limited term appointment. (b) The agency may terminate an overseas limited employee at any time during the trial period. The employee is entitled to the procedures set forth in §315.804 or $315.805 of this chapter as appropriate. § 301.206 Requirements and restrictions. The requirements and restrictions in Subpart F of Part 300 and Part 333 of this chapter apply to appointments under this subpart. § 301.207 Within-grade increases. An employee serving under an overseas limited appointment of indefinite 302.301 302.302 302.303 Receipt of applications. Maintenance of employment lists. 302.304 Arrangement of ratings. Subpart D-Selection and Appointment; Reappointment; and Qualifications for Promotion 302.401 Selection and appointment. 302.402 Reappointment. 302.403 Qualifications for promotion. AUTHORITY: The provisions of this Part 302 issued under 5 U.S.C. 1302, 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted. SOURCE: The provisions of this Part 302 appear at 33 F.R. 12413, Sept. 4, 1968, unless otherwise noted. Subpart A-General Provisions § 302.101 tions. Positions covered by regula (a) Positions covered. This part applies to each position in the executive branch of the Federal Government and in the government of the District of Columbia which is not in the competitive service as defined in § 212.101 (a) of this chapter. (b) Positions not covered. This part does not apply to a position or appointment which by the Congress is required to be confirmed by, or made with, the advice and consent of the Senate, or to a position of policeman or fireman in the government of the District of Columbia. (c) Positions exempt from appointment procedures. In view of the circumstances and conditions surrounding employment in the following classes of posi |