AUTHORITY: The provisions of this Part 210 issued under 5 U.S.C. 1302, 3301, 3302, E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218. Subpart A-Applicability of Regulations; Definitions § 210.101 Applicability of various parts of regulations. (a) General. In most parts, the applicability of the part is stated specifically in the part or is otherwise apparent from the substance of the part. (b) Parts 315 through 339. Parts 315 through 339 of this chapter apply to all positions in the competitive service and to all incumbents of those positions; and, except as specified by or in an individual part, these parts do not apply to positions in the excepted service or to incumbents of those positions. [33 F.R. 12407, Sept. 4, 1968] § 210.102 Definitions. (a) The definitions in paragraph (b) of this section apply throughout this chapter, except when a defined term is specifically modified in or specifically defined for the purpose of a particular part. (b) In this chapter: (1) "Appointing officer" means a person having power by law, or by lawfully delegated authority, to make appointments to positions in the service of the Federal Government or the government of the District of Columbia. (2) "Commission" means the U.S. Civil Service Commission. (3) "Days", unless otherwise defined or limited, means calendar days and not workdays. In computing a period of time prescribed in this chapter, the day of the action or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, a Sunday, or a legal holiday in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. (4) "Demotion" means a change of an employee, while serving continuously within the same agency: (i) To a lower grade when both the old and the new positions are under the General Schedule or under the same type graded wage schedule; or (ii) To a position with a lower rate of pay when both the old and the new positions are under the same type ungraded wage schedule, or are in different pay method categories. (5) "Eligible" means an applicant who meets the minimum requirements for entrance to an examination and is rated 70 or more in the examination by the Commission. (6) "Employee" means a civilian officer or employee. (7) "Metropolitan area of Washington, D.C.", means the District of Columbia; Alexandria, Fairfax, and Falls Church Cities, Va.; Arlington, Fairfax, Loudoun, and Prince William Counties, Va.; and Montgomery and Prince Georges Counties, Md. (8) "Noncompetitive action” means a promotion, demotion, reassignment, transfer, reinstatement, or an appointment based on prior service. (9) "Overseas" means outside the continental United States, but does not include Alaska, Guam, Hawaii, the Isthmus of Panama, Puerto Rico, or the Virgin Islands. (10) "Position change" means a promotion, demotion, or reassignment. (11) "Promotion" means a change of an employee, while serving continuously within the same agency: (i) To a higher grade when both the old and the new positions are under the General Schedule or under the same type graded wage schedule; or (ii) To a position with a higher rate of pay when both the old and the new positions are under the same type ungraded wage schedule, or are in different pay method categories. (12) "Reassignment" means a change of an employee, while serving continuously within the same agency, from one position to another without promotion or demotion. (13) "Reemployed annuitant" means an employee whose annuity under subchapter III of chapter 83 of title 5, United States Code, was continued on reemployment in an appointive position on or after October 1, 1956. (14) "Register" means a list of qualified applicants compiled in order of relative standing for certification. (15) "Reinstatement" means the noncompetitive reemployment for service as a career or career-conditional employee of a person formerly employed in the competitive service who had a competitive status or was serving probation when he was separated from the service. (16) "Status quo employee" means an employee who failed to acquire a competitive status when the position in which he was serving was placed in the competitive service by a statute, Executive order, or Civil Service rule, which permitted his retention without the acquisition of status. (17) "Tenure" means the period of time an employee may reasonably expect to serve under his current appointment. It is granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is in a competitive position or in an excepted position. (18) "Transfer" means a change of an employee, without a break in service of 1 full workday, from a position in one agency to a position in another agency. [33 F.R. 12407, Sept. 4, 1968, as amended at 34 F.R. 19495, Dec. 10, 1969] PART 211-VETERAN PREFERENCE Subpart A-Definitions 25 (2) All positions in the legislative and judicial branches of the Federal Government and in the government of the District of Columbia specifically made subject to the civil service laws by statute. (b) "Competitive position" means a position in the competitive service. § 212.102 Authority to make determinations. The Commission determines finally whether a position is in the competitive service. Subpart B-[Reserved] Subpart C-Competitive Status § 212.301 Competitive status defined. In this chapter, competitive status means an individual's basic eligibility for noncompetitive assignment to a competitive position. Competitive status is acquired by completion of a probationary period under a career-conditional or career appointment or under a career executive assignment following open competitive examination, or by statute, Executive order, or the Civil Service rules, without open competitive examination. An individual with competitive status may be, without open competitive examination, reinstated, transferred, promoted, reassigned, or demoted, subject to conditions prescribed by the Civil Service rules and regulations. Subpart D-Effect of Competitive Status on Position § 212.401 Effect of competitive status on position. (a) An employee is in the competitive service when he has competitive status and is in a competitive position under a nontemporary appointment. (b) An employee in the competitive service at the time his position is first listed under Schedule A, B, or C remains in the competitive service while he occupies that position. SCHEDULE A [Reserved] 213.3194 Department of Transportation. 213.3195 President's Temporary Commission on Pennsylvania Avenue. 213.3199 Temporary boards and commissions. 213.3115 213.3202 213.3118 Environmental Protection Agency. 213.3121 National Security Council. 213.3128 U.S. Information Agency. 213.3129 213.3130 213.3132 Small Business Administration. 213.3133 Federal Deposit Insurance Corporation. Federal Maritime Commission. Agency for International Develop ment. Office of Consumer Affairs. Administrative Office of the U.S. Office of Economic Opportunity. Appalachian Regional Commission. 213.3377 Equal Employment Opportunity Commission. 213.3382 National Foundation on the Arts and the Humanities. 213.3384 Department of Housing and Urban Development. 213.3386 Regional Commissions, 213.3394 213.3399 Public Works and Economic Development Act of 1965. Department of Transportation. Temporary Boards and Commis sions. AUTHORITY: The provisions of this Part 213 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954-1958 Comp. p. 218. SOURCE: The provisions of this Part 213 appear at 37 F.R. 26393, Dec. 12, 1972, unless otherwise noted. Subpart A-General Provisions § 213.101 In this chapter: (a) Excepted service has the meaning given that term by section 2103 of title 5, United States Code, and includes all positions in the executive branch of the Federal Government which are specifically excepted from the competitive service by or pursuant to statute, by the President, or by the Commission under § 6.1 or 9.20 of the civil service rules (Subchapter A of this chapter). (b) "Excepted position" means a position in the excepted service. § 213.102 Identification of positions in Schedule A, B, or C. The Commission shall decide whether the duties of any particular position are such that it may be filled as an excepted position under Schedule A, B, or C. Subpart B-[Reserved] Subpart C-Excepted Schedules § 213.3101 Positions other than those of a confidential or policy-determining character for which it is not practicable to examine. (a) The positions enumerated in §§ 213.3102 to 213.3199 are positions other than those of a confidential or policy-determining character for which it is not practicable to examine and which are excepted from the competitive service and constitute Schedule A. (b) An agency (including a military department) may not appoint the son or daughter of a civilian employee of that agency, or the son or daughter of a member of its uniformed service, to a position listed in Schedule A for summer Nor student employment within the United States. This prohibition does not apply to the appointment of persons (1) who are eligible for placement assistance under the Commission's Displaced Employee (DE) Program, (2) who employed to meet urgent needs resulting from an emergency posing an immediate threat to life or property, or (3) who are members of families which are eligible to receive financial assistance under a public welfare program or the total income of which in relation to family size does not exceed limits established by the Commission and published in the Federal Personnel Manual. are (c) An agency may appoint for summer employment within the United States in positions listed in Schedule A only in accordance with the terms of the Commission's summer employment program. This restriction does not apply to positions that are excepted only when filled by particular types of individuals. (d) In this section "summer employment" means any employment beginning after May 12 which will end before October 1 of the same year. "Student employment" means the employment of persons who are enrolled or who have been accepted for enrollment, on a substantially full-time basis, as resident students of a secondary school or of an institution of higher learning; a resident student, for this purpose, is a student in actual physical attendance at a school as distinguished from a correspondence student. be confined to graduates of recognized law schools or persons having equivalent experience and shall be for periods not to exceed 14 months pending admission to the bar. No person shall be given more than one appointment under this paragraph. However, an appointment which was initially made for less than 14 months may be extended for not to exceed 14 months in total duration. (f) Chinese, Japanese, and Hindu interpreters. (g) Any position the duties of which are part-time or intermittent in which the appointee will receive compensation during his service year that aggregates not more than 40 percent of the annual salary rate for the first step of GS-3. This limitation on compensation includes any premium pay such as for overtime, night, Sunday, or holiday work. It does not, however, include any mandatory within-grade salary increases to which the employee becomes entitled subsequent to appointment under this authority. Appointments under this authority shall not be for job employment. In the metropolitan area of Washington, D.C., appointments under this authority shall be subject to the prior approval of the Commission. (h) Subject to prior approval by the Commission, positions in Federal mental institutions when filled by persons who have been patients of such institutions and been discharged and are certified by the medical head thereof as recovered sufficiently to be regularly employed but it is believed desirable and in the interest of the persons and the institution that they be employed at the institution. (i) Subject to prior approval of the Commission, positions requiring temporary, part-time, or intermittent employment in wage board type occupations (i.e., position excluded from Classification Act coverage by section 202(7) of the Act) on construction or repair work, where the activity is carried on in localities where examination coverage for the positions has not been provided and where because of employment conditions there is a shortage of available candidates for the positions. Appointments under this paragraph shall not extend beyond 1 year, and the employment thereunder shall not exceed 180 working days a year. Seasonal employments of a recurring nature are not authorized under this paragraph. (j) [Reserved] |