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. [31 F.R. 9839, July 21, 1966]

§ 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.

[28 F.R. 10050, Sept. 14, 1963, as amended at 31 F.R. 9839, July 21, 1966]

Definitions; positions covered

by regulations.

(a) Definitions. In this part:

(1) "Act" or "Veterans' Preference Act" means the Veterans' Preference Act of 1944, as amended (58 Stat. 387; 5 U.S.C. 851).

(b) 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 services as defined in § 212.101 (a) of this chapter.

(c) 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.

(d) Positions exempt from appointment procedures. In view of the circumstances and conditions surrounding employment in the following classes of positions, an agency is not required to apply the appointment procedures of this part to them, but each agency shall follow the principles of veteran preference as far as administratively feasible and, on request of a qualified and available pref

erence eligible, shall furnish him with the reasons for his nonselection:

(1) Positions filled by persons appointed without compensation or at a compensation of $1.00 a year;

(2) Positions outside the continental United States and outside the State of Hawaii and the Commonwealth of Puerto Rico when filled by persons resident in the locality, and positions in the State of Hawaii and the Commonwealth of Puerto Rico when compensated in accordance with the local prevailing wage rates;

(3) Positions which the exigencies of the national defense program demand be filled immediately before lists of qualified applicants can be established or used, but appointments to these positions shall be temporary appointments not to exceed 1 year which may be renewed for 1 additional year at the discretion of the agency;

(4) Positions filled by appointees serving on an irregular or occasional basis whose hours or days of work are not based on a prearranged schedule and who are compensated only for the time when actually employed or for services actually performed;

(5) Positions paid on a fee basis;

(6) Positions included in Schedule A (see Subpart C of Part 213 of this chapter) and similiar types of positions when the Commission agrees with the agency that the positions should be included hereunder;

(7) Positions included in Schedule C (see Subpart C of Part 213 of this chapter);

(8) Student Trainee positions when filled under Schedule B (see Subpart C of Part 213 of this chapter); and

(9) Positions filled by noncareer executive assignment (see Subpart F of Part 305 of this chapter).

[28 F.R. 10050, Sept. 14, 1963, as amended at 30 F.R. 3349, Mar. 12, 1965; 32 F.R. 13752, Oct. 3, 1967]

acquire a competitive status by reason of the appointment.

(c) Upon a finding by the Commission that in a particular situation the action will be in the interest of good administration, the Commission may authorize an agency to make appointments to specified positions in the excepted service in the same manner as to positions in the competitive service. Persons given career-conditional or career appointments pursuant to a specific authorization by the Commission under this paragraph may acquire a competitive status as provided in Part 315 of this chapter. (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 19541958 Comp., p. 218) [28 F.R. 10050, Sept. 14, 1963, as amended at 31 F.R. 8528, June 18, 1966]

§ 302.103 Applicability of regulations to applicants and employees.

Each agency shall follow the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible applies for appointment to a position covered by this part. Each agency, in its discretion, may follow these provisions in making an appointment when no preference eligible applies.

§ 302.104 Special agency plans.

An agency having a position subject to this part may submit to the Commission a system for making appointments which will result in granting to a person the preference provided by section 2 of the Veterans' Preference Act, but which does not conform to all the procedural requirements set forth in this part. However, an agency may not put such a system into effect until it has received the prior approval of the Commission.

Subpart B-Eligibility Standards

§ 302.201 Persons entitled to veteran preference.

In actions subject to this part, each agency shall grant 5-point preference to persons entitled to preference under section 2(4), (6), and (7) of the Veterans' Preference Act, and 10-point preference to persons entitled to preference under section 2(1), (2), (3), and (5) of that Act.

[31 F.R. 3381, Mar. 4, 1966]

§ 302.202 Qualification requirements.

Before making an appointment to a position covered by this part, each agency

shall establish qualification standards such as those relating to experience and training, citizenship, age, physical condition, etc., which shall relate to the duties to be performed. An agency may delegate the establishment of standards relating to a group of positions or a specific position to the appropriate administrative level or subdivision of the agency and that level or subdivision may amend or modify the standards in accordance with the needs of the locality in which the position is located, but the agency shall determine that each standard established is in conformity with this part. Each agency shall make its standards a matter of record in the appropriate office of the agency, and shall furnish information concerning the standards for a position to an applicant on his request. Each agency shall apply the standards for a position uniformly to all applicants, except for such waivers as are provided in this part for a preference eligible. An agency shall not include a minimum educational requirement in qualification standards, except for a scientific, technical, or professional position the duties of which the agency decides cannot be performed by a person who does not have a prescribed minimum education. Each agency shall make a part of its records the reasons for its decision under this section, and shall furnish those reasons to an applicant on his request. The qualification standards shall include:

(a) A provision for waiver by the agency of requirements as to age, height, and weight for each preference eligible when the requirements are not essential to the performance of the duties of the position; and

(b) A provision for waiver by the agency of physical requirements for each preference eligible when the agency, after giving due consideration to the recommendation of an accredited physician, finds that the applicant is physically able to discharge the duties of the position.

(b) Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct;

(c) Intentional false statement or deception or fraud in examination or appointment;

(d) Habitual use of intoxicating beverages to excess;

(e) Reasonable doubt as to the loyalty of the person involved to the Government. of the United States;

(f) Any legal or other disqualification which makes the individual unfit for the service; or

(g) Lack of United States citizenship. An agency may not disqualify an applicant solely because of his retired status. Subpart C-Accepting, Rating, and Arranging Applications

§ 302.301

Receipt of applications.

(a) Each agency shall establish definite rules regarding the acceptance of applications for employment in positions covered by this part and shall make these rules a matter of record.

(b) Each agency shall apply its rules uniformly to all applicants who meet the conditions of the rules and shall furnish information concerning the rules to an applicant on his request.

§ 302.302 Examination of applicants.

(a) Rating. An agency may provide for an evaluation of the qualifications of applicants for a position who are available under §§ 302.202, 302.203, and 302.301 at any time before appointment is made to the position. Numerical ratings shall be assigned on a scale of 100 and each applicant rated 70 or more is eligible for appointment. Numerical ratings are not required when all qualified applicants will be offered immediate appointment. When there is an excessive number of applicants (1) numerical ratings are required only for a sufficient number of the highest qualified applicants to meet the anticipated needs of the agency within a reasonable period of time, and (2) the agency shall adopt procedures to insure the consideration of all preference eligibles in the order in which they would have been considered if all applicants had been assigned numerical ratings. Each agency shall add to the earned numerical ratings of applicants who make a passing grade:

(i) Five points for an applicant entitled to preference under section 2(4),

(6), and (7) of the Veterans' Preference Act; and

(ii) Ten points for an applicant entitled to preference under section 2 (1), (2), (3), and (5) of that Act.

An agency shall furnish a notice of the rating assigned to an applicant on his request.

(b) Nonpreference applicants for certain positions. An agency may not consider or rate an application for the position of elevator operator, messenger, guard, or custodian submitted by a nonpreference eligible as long as at least three qualified preference eligibles are available for the position.

(c) Evaluating experience. When experience is a factor in determining eligibility, an agency shall credit a preference eligible (1) with time spent in the military service of the United States if the position for which he is applying is similar to the position he held immediately before his entrance in to the military service; and (2) with all valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether compensation was received therefor.

[28 F.R. 10050, Sept. 14, 1963, as amended at 31 F.R. 3381, Mar. 4, 1966]

(a) Establishment. An agency shall enter the names of applicants assigned an eligible numerical rating under §302.302(a) on either (1) the appropriate reemployment list, or (2) the appropriate regular employment list in accordance with their numerical ratings, except that the names of:

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

(ii) 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 grades GS-9 and above of the Classification Act of 1949, as amended, and in comparable pay levels under other payfixing authorities.

(b) Reemployment list. The reemployment list shall consist of the names of former employees of the agency who are to be considered for future employ

ment, and shall, in any case, include the following:

(1) The name of each former employee of the agency who (1) is a preference eligible, (ii) has been furloughed or separated without delinquency or misconduct, and (iii) applies for reemployment; and

(2) The name of each former employee of the agency who is a preference eligible and who, as the result of an appeal under Part 752 of this chapter, is found by the Commission to have been unjustfiiably dismissed from the agency.

(c) Regular employment list. The regular employment list shall consist of the names of eligible applicants who have been assigned numerical ratings and whose names are not on the agency reemployment list.

§ 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 3 of the Veterans' Preference Act and whose name appears on the agency remployment 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 3 of the Act 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 3 of the Act 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 3 of the Act 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 at grades 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

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.