Subject to apportionment, residence, and other requirements of law and this chapter, OPM 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.

OPM or a delegated examining unit (DEU) will use one of the mechanisms identified below to refer a sufficient number of candidates for consideration, in accordance with this section and the agency's delegated examining policies.

(a) Each agency must establish a policy on the use of these procedures.

(b) OPM or a DEU may determine, based on the position to be filled, which of the following mechanisms will best meet the hiring needs of the agency and result in at least three names for consideration.

(1) OPM or a DEU may establish a cut-off score based on the assessment(s) used, supported by job analysis data;

(2) OPM or a DEU may establish a cut-off score based on business necessity;

(3) OPM or a DEU may use a set number of the highest ranked eligible applicants to certify; or

(4) OPM or a DEU may use a set percentage of the highest ranked eligible applicants to certify.

(5) When using a set number of candidates or top percentage of eligible applicants, all applicants with the same score as the last candidate in the cut will also be referred.

(6) In selecting an appropriate mechanism, agencies should consider the number of positions to be filled, the assessment(s) used, historical applicant data, current labor market conditions, and other factors appropriate for the hiring action.

(c) The agency must determine the mechanism before announcing the vacancy, and the job opportunity announcement must state the mechanism to be used.

(d) The mechanism used must be clearly documented in the examining case file and available for reconstruction or third-party review.

(e) Hiring managers will receive sufficient names, when available, to allow them to consider at least three candidates for each vacancy.

(f) In instances when a certificate of eligibles results in fewer than three eligible and available candidates per vacancy and an agency needs to issue a supplemental certification, OPM or a DEU must have decided, before announcing the vacancy, how to expand the group of candidates in accordance with the guidance in the Delegated Examining Operations Handbook.

(g) OPM or a DEU will refer candidates for consideration by simultaneously listing a candidate on all certificates for which the candidate is interested, eligible, and within reach, except that, when it is deemed in the interest of good administration and candidates have been so notified, OPM or a DEU may choose to refer candidates for only one vacancy at a time.

When there is no register appropriate as a whole for the certification of eligibles for a particular position, OPM 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, OPM may rerate the eligibles on the register on the basis of the particular requirements of the position.

An appointing officer, with sole regard to merit and fitness, shall select any eligible candidate certified for appointment on a certificate of eligibles, except the hiring manager may not pass over a preference eligible to select a lower standing non-preference eligible on the certificate unless the agency complies with pass over procedures in accordance with § 332.406.

An appointing officer is not required to consider an eligible candidate who has been given bona fide consideration by one or more hiring managers for three separate appointments from the same or different certificates for the same position (i.e., the same title, series, and grade).

(a) Bona fide consideration. To use this provision:

(1) The hiring manager must review and consider the candidate's application material;

(2) The hiring manager must sign a written statement documenting the candidate received three considerations and recommending the candidate be removed from further consideration for the position(s) being filled due to a documented lack of a specific skills(s) or attribute(s) needed to perform the work of the position being filled (When more than one hiring manager is involved, a hiring manager may include information or evidence from another hiring manager.);

(3) The Human Resources Director (at the servicing personnel office level) must approve the request to remove the candidate from further consideration; and

(4) The agency must provide written notification to any candidate removed under this section upon request by the candidate.

(b) Document the case file. The agency must document in the case file the three valid selections that were made, and the Human Resources Director's concurrence to remove any candidate from further consideration in accordance with paragraph (a) of this section.

(c) Selection consideration. An agency may use the three considerations provision to remove one or more candidates from further consideration starting with the fourth selection (which may be from the same or different certificates for the same position (i.e., the same title, series, and grade)). The number removed may not exceed the remaining number of positions to be filled as long as bona fide consideration has been given and documented as required by this section.

(d) Applicability. The three considerations rule applies only to a certificate of eligibles issued under § 332.402. The rule does not apply to a certificate of eligibles issued under § 337.303 of this chapter.

(a) Delegated authority. Except as specified in paragraphs (a)(1) and (a)(2) of this section, OPM has delegated to agencies the authority to adjudicate objections to eligibles, including pass over requests.

(1) OPM retains exclusive authority to approve the sufficiency of an agency's request to pass over preference eligibles who are thirty percent (30%) or more compensably disabled. Such persons have the right, in accordance with 5 U.S.C. 3318,to.

(2) OPM also retains the exclusive authority to approve the sufficiency of an agency's reasons to medically disqualify or medically pass over a preference eligible or disabled veteran in certain circumstances, in accordance with part 339 of this chapter.

(3) An agency must refer any objection (including a pass over request) that is based on material, intentional false statement or deception or fraud in examination or appointment to OPM for a suitability action where warranted, under part 731 of this chapter.

(b) Standard for objections. An agency is not required to consider an individual for a position when an objection to (including a request to pass over) the particular individual is sustained or granted. An objection, including a pass over request, may be sustained only if it is based on a proper and adequate reason. The reasons set forth for disqualification by OPM in part 339 of this chapter constitute proper and adequate reasons to sustain an objection. Similarly, the criteria for making suitability determinations in part 731 of this chapter constitute proper and adequate reasons to sustain an objection. In addition, reasons published by OPM in the Delegated Examining Operations Handbook constitute proper and adequate reasons to sustain an objection.

(c) Sufficiency of the reasons for a pass over. Subject to the exception set forth in paragraph (e) of this section, an agency may not pass over a preference eligible to select a non-preference eligible unless OPM or an agency with delegated authority also makes a determination that the sufficiency of the reasons is supported by the evidence submitted for the pass over request.

(d) Agency's obligation while request for objection is pending. Subject to the exception set forth in paragraph (e) of this section, if an agency makes an objection against an applicant for a position (including seeking to pass over the applicant), and the individual that the agency wishes to select would be within reach of selection only if the objection is sustained, or the pass over granted, that agency may not make a selection for the position until a final ruling is made.

(e) Applicability of paragraphs (c) and (d). Paragraphs (c) and (d) of this section do not apply if the agency has more than one position to fill from the same certificate and holds open (in the event the objection is not sustained or the pass over request is denied) a position that could be filled by the individual against whom an objection or a pass over request has been filed.

(f) Procedures for objections and pass overs. Agencies must follow the procedures for objecting to or requesting to pass over an eligible that are published by OPM in the Delegated Examining Operations Handbook.

(g) No appeal rights to Merit Systems Protection Board (MSPB). An individual may not appeal to the MSPB a decision by OPM or an agency with delegated authority to sustain an objection pursuant to this part, including a decision to grant a pass over request, irrespective of the reason for the decision.

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 OPM finds the action justified.

(a) General authority. (1) A hiring agency may share a competitive service certificate issued under its delegated examining authority with one or more hiring agencies for a position(s) to be filled on a permanent or term basis. Positions filled on a term basis are subject to the provisions of 5 CFR part 316, subpart C. Positions may be full-time or other than full-time (i.e., part-time, seasonal, on-call, and intermittent).

(2) Another Federal agency may make a selection from a certificate shared with it under paragraph (b) of this section only after it has considered individuals it is required to consider when filling positions from within its own workforce and other internal applicants under paragraph (c) of this section.

(3) All actions taken on a shared certificate must be made within the 240-day period beginning on the date the original hiring agency issued the certificate of eligibles. This period cannot be extended.

(4) The original hiring agency and any receiving agency using a shared certificate must each maintain case file documentation sufficient for each agency to reconstruct its own use of the certificate in accordance with the Delegated Examining Operations Handbook, and must safeguard testing and examination materials, examination results, and the names of applicants from disclosure to other persons in accordance with § 300.201 of this chapter.

(5) All actions taken on competitive certificates must be done in accordance with the Delegated Examining Operations Handbook and all applicable regulations in this part and part 337 of this chapter.

(6) Agencies sharing certificates must keep records of the instances of sharing certificates and/or using shared certificates.

(b) Requirements for the original hiring agency. (1) A hiring agency may share a competitive certificate it has issued under § 332.402 (for traditional rating and ranking) or under 5 CFR 337.303 (for category rating) with one or more hiring agencies for use in filling a position(s) if:

(i) The original hiring agency intends to use the certificate for its own hiring;

(ii) The original hiring agency has provided notice within the job opportunity announcement for the original vacancy that the resulting list of eligible candidates may be used by one or more hiring agencies;

(iii) The original hiring agency provided an opportunity for applicants to opt-in to have their applications and other personal information shared with one or more hiring agencies;

(iv) The original hiring agency's objections to eligibles or requests to pass over preference eligibles on the certificate under § 332.406 or § 337.304 of this chapter have been resolved by that agency's Delegated Examining Unit, or by OPM in the case of a disabled veteran with a thirty percent or more service-connected disability. The original hiring agency must notate on the certificate next to the name of any preference eligible veteran whom the agency successfully passed over.

(v) The original hiring agency has either made a selection from the certificate or has made no selection from the certificate, and has documented its reason for non-selection; and

(vi) The Delegated Examining Unit of the original hiring agency has closed and audited the certificate in accordance with the procedures in the Delegated Examining Operations Handbook.

(2) The original hiring agency may apply the three-consideration rule in § 332.405 during its use of a certificate issued under § 332.402 and remove candidates from consideration accordingly. The three-consideration rule does not apply to a certificate issued under § 337.303 of this chapter. Before sharing the certificate with another agency, the original hiring agency must notate the certificate next to the name of any applicant removed from consideration under § 332.405.

(3) When sharing a certificate of eligibles, the original hiring agency must share all documentation pertaining to the creation of that certificate, including but not limited to the job analysis, testing and examination materials, the job opportunity announcement, and applications, as relevant, and must safeguard any personally identifiable information not needed for effective use of the certificate by the receiving agency. The original hiring agency may share the assessment scores of certified applicants. The original hiring agency must share the certificate of eligibles in its original form in order to retain the original ordering of the certificate; must safeguard any personally identifiable information from unauthorized access during the transmission process; and must redact the names of applicants who did not opt-in to the shared certificate, and who therefore may not be considered by the receiving agency.

(4) The original hiring agency may share a certificate of eligibles with one or more agencies, one agency at a time or multiple agencies simultaneously.

(5) If the original hiring agency determines that it has made an error that may affect selections by a receiving agency or agencies, it must notify each affected receiving agency.

(c) Requirements for the receiving agency—(1) Vacancies that may be filled. A receiving agency may use a shared certificate to fill a vacancy in the same occupational series, at the same grade level (or a corresponding rate or level of pay for a position excluded from the General Schedule), with the same full performance level, and in the same duty location as was listed on the original hiring agency's certificate. If the original hiring agency's certificate is for an interdisciplinary position as described in the Delegated Examining Operations Handbook, the receiving agency may use it to fill an interdisciplinary position. The receiving agency must verify through its job analysis that the minimum qualification requirements (including use of any selective placement factors) and the competencies, or knowledge, skills, and abilities, that were used for the original position are appropriate for the position to be filled.

(2) Notification to individuals who applied to the original vacancy. Before using a shared certificate, a receiving agency must notify the list of candidates of its receipt of their names and application materials and its intention of considering them for a position. The receiving agency must also inform these individuals of its requirement to consider its own employees as well as other individuals the agency is required to consider pursuant to 5 CFR part 330, subparts B and F, before consideration of anyone on the shared certificate. At a minimum, the notification must include the agency, position title, series, grade level or equivalent, and duty location.

(3) Consideration of internal candidates. Before making a selection from a shared certificate, a receiving agency must provide notice of its intent to fill the available position(s) to its own employees and other individuals the agency is required to consider, to provide these internal candidates the opportunity to apply consistent with the provisions of part 335 of this chapter, and to review the qualifications of the internal candidates.

(i) Nothing in this paragraph affects agencies' right to fill a position from any appropriate source under §§ 330.102 and 335.103 of this chapter.

(ii) Agencies are prohibited from providing an application period any longer than 10 business days for internal candidates. This time limit cannot be waived or extended.

(iii) Before considering other candidates, a receiving agency must first provide for the consideration for selection required for individuals covered under its Reemployment Priority List and its Career Transition Assistance Plan under part 330, subparts B and F, of this chapter.

(4) Selection from the shared certificate. After considering internal candidates, a receiving agency may consider candidates referred on the shared certificate.

(i) Except as provided in paragraph (c)(4)(ii) of this section, the receiving agency must consider candidates on a shared certificate independently of the actions of any other agency with which the certificate is simultaneously shared under paragraph (b)(4) of this section.

(ii) The receiving agency may, but is not required to, consider any applicant designated on the certificate as being passed over under paragraph (b)(1)(iv) of this section, or as having received three bona fide considerations under paragraph (b)(2) of this section.

(iii) The receiving agency may not reassess the applicants for purposes of rating/ranking.

(iv) The receiving agency must provide selection priority to individuals eligible under the Interagency Career Transition Assistance Plan under part 330, subpart G, of this chapter, who applied to the original job announcement.

(5) Time limit on selection from a shared certificate. The receiving agency has 240 days from the date the certificate was issued (in the original hiring agency) to select individuals from the shared certificate.

(6) Limit on further sharing by the receiving agency. The receiving agency may not share or distribute the shared certificate to another Federal agency.

(a) General authority. (1) OPM may issue lists of qualified applicants or competitive service certificates for use by one or more agencies under delegated examining procedures.

(2) Agencies may conduct technical assessments and certify applicants on lists of qualified applicants or make selections from certificates issued under this section in accordance with applicable law and regulation.

(b) Definitions. The following terms apply to this section:

OPM-led pooled hiring action means a hiring approach under which OPM will:

(1) Centrally recruit and provide agencies with lists of applicants who meet minimum requirements and qualifications for hiring agencies to conduct the technical assessment, certification, and selection processes; or

(2) Centrally recruit, screen applicants for minimum requirements and qualifications, conduct the technical assessment and certification processes, and provide agencies with ready-made certificates of qualified applicants to make selections. OPM at its discretion may provide agencies with lists of applicants eligible under 5 CFR part 330, subpart F, subpart G, or both.

Participating agency means an agency that receives a list of qualified applicants or a competitive service certificate from OPM under this section for a given OPM-led pooled hiring action.

(c) Lists of qualified applicants. (1) OPM may recruit applicants, determine minimum qualifications, and provide lists of qualified applicants to agencies.

(i) OPM will provide agencies with a list of eligible applicants with Interagency Career Transition Assistance Plan (ICTAP) eligibility who must be selected before other applicants from the OPM-generated certificate in accordance with 5 CFR part 330, subpart G.

(2) Participating agencies are responsible for conducting technical assessments and issuing certificates in accordance with this part and part 337 of this chapter.

(3) Agencies must satisfy all applicable requirements relating to Reemployment Priority List (RPL), Career Transition Assistance Plan (CTAP), and ICTAP before making selections.

(4) An agency may apply the three-consideration rule under § 332.405 to a certificate issued under § 332.402 and must notify OPM when doing so. The three-consideration rule does not apply to a certificate issued under § 337.303 of this chapter. OPM will notify all participating agencies when an applicant has been removed from further consideration under the three-consideration rule. An agency may, but is not required to, consider any applicant who received three bona fide considerations from another agency in accordance with § 332.405 and identified as such by OPM.

(5) An agency which passes over a preference eligible must notify OPM when the pass-over is sustained. OPM will notify all participating agencies when a pass-over request has been sustained, and the veteran is removed from further consideration. An agency may, but is not required to, consider any applicant notified that he or she was being passed over by another agency in accordance with § 332.406, the Delegated Examining Operations Handbook, and identified as such by OPM.

(d) OPM-created certificates for pooled hiring. (1) OPM may issue one or more competitive certificates for a hiring instance under delegated examining procedures.

(2) An agency using an OPM-generated certificate may not reassess applicants for purposes of rating or ranking.

(3) OPM may establish a policy for the timeframe within which an agency using a certificate may make a selection, and any extensions to this timeframe.

(4) OPM will provide agencies with a list of ICTAP-eligible applicants who must be selected before other applicants from the OPM-generated certificate in accordance with 5 CFR part 330, subpart G.

(5) Each agency using the certificate must clear RPL and CTAP before making a selection from the certificate in accordance with 5 CFR part 330, subparts B and F.

(6) An agency may apply the three-consideration rule under § 332.405 to a certificate issued under § 332.402 and must notify OPM when doing so. The three-consideration rule does not apply to a certificate issued under § 337.303 of this chapter. OPM will notify all participating agencies when an applicant has been removed from further consideration under the three-consideration rule. A participating agency may, but is not required to, consider any applicant who received three bona fide considerations from another agency in accordance with § 332.405 and identified as such by OPM.

(7) An agency which passes over a preference eligible must notify OPM when the pass over is sustained. OPM will notify all participating agencies when a pass over request has been sustained, and the veteran is removed from further consideration. An agency may, but is not required to, consider any applicant notified that he or she was being passed over by another agency in accordance with § 332.406, the Delegated Examining Operations Handbook, and identified as such by OPM.