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.
authority: 5 U.S.C. 1302,
3301,
3302,
3317,
3318,
3319,
3320,
8151. E.O. 10577, 19 FR 7521,
3 CFR 1954-1958 Comp., p. 218. Sec. 302.105 also issued under
5 U.S.C. 1104; sec. 3(5), Pub. L. 95-454, 92 Stat. 1111. Sec. 302.501 also issued under
5 U.S.C. ch. 77. Sec. 302.107 also issued under
5 U.S.C. 9201-9206; sec. 1122(b)(1), Pub. L. 116-92, 133 Stat. 1607. Secs. 302.108 and 302.203 also issued under E.O. 13764, 82 FR 8115, 3 CFR, 2017 Comp., p. 243
source: 55 FR 9407, Mar. 14, 1990, unless otherwise noted.
cite as: 5 CFR 302.403