(a) An agency may fill a restricted position with a nonpreference eligible under the following circumstances:
(1) By competitive examination when no preference eligible applies;
(2) By position change (promotion, demotion, or reassignment) to a position in the organizational entity (i.e., the part of an agency from which selections are normally made for promotion or reassignment to the position in question) in which the nonpreference eligible is employed;
(3) By reemployment in the agency where the nonpreference eligible was formerly employed when he or she is being appointed from the Reemployment Priority List under subpart B of this part;
(4) By reinstatement in the agency where the nonpreference eligible was formerly employed when he or she was last separated because of disability retirement; or
(5) By reappointment of certain temporary employees as provided for in part 316 of this chapter.
(b) Except as indicated in paragraph (a) of this section, OPM must authorize any other agency noncompetitive action (e.g., under an authority specified in part 315 of this chapter) to fill a restricted position with a nonpreference eligible.
authority: 5 U.S.C. 1104,
1302,
3301,
3302,
3304,
and; E.O. 10577, 3 CFR, 1954-58 Comp., p. 218; Section 330.103 also issued under
5 U.S.C. 3327; Subpart B also issued under
5 U.S.C. 3315 and 8151; Section 330.401 also issued under
5 U.S.C. 3310; Subparts F and G also issued under Presidential Memorandum on Career Transition Assistance for Federal Employees, September 12, 1995; Subpart G also issued under
5 U.S.C. 8337(h) and 8456(b). § 330.1301 also issued under
5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1)
source: 75 FR 67593, Nov. 3, 2010, unless otherwise noted.
cite as: 5 CFR 330.402