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Energy Commission established for the Atlantic-Pacific interoceanic canal project, and the incumbents thereof, are excluded (1) from the provisions of subchapter III, except sections 144, 146 and 148 of such subchapter; (2) from the regulations in this part, except Subpart D of this part; and (3) from Part 251 of this subchapter.

(g) The position of Director of Tropical Biology, Smithsonian Institution, and the incumbent thereof, are excluded from the provisions of 2 C.Z.C. 143–146, 149, 76A Stat. 16–18, and Subparts B, C, and D of the regulations in this part. [31 F.R. 12388, Sept. 16, 1966, as amended at 32 F.R. 4281, Mar. 18, 1967; 33 F.R. 10802, July 30, 1968; 36 F.R. 7506, Apr. 21, 1971; 36 F.R..9021, May 18, 1971)

CROSS REFERENCE: For classification of P.L. 86–36 (73 Stat. 63), referred to in paragraph (b) (13) of this section, see note under 50 U.S.C. 402.

Subpart B-Filling Positions CROSS REFERENCE: For Civil Service Regulations referred to in this subpart, see 5 CFR, Chapter I, Subchapter B. $ 253.31 Methods of filling vacancies.

In his discretion an appointing officer may fill any position either by competitive appointment from a Canal Zone Merit System register, by appointment or position change of a present or former Federal employee through noncompetitive active in accordance with the regulations in this part, or, when authorized under $ 253.43, by temporary appointment. He shall exercise his discretion in all personnel actions solely on the basis of merit and fitness. In determining merit and fitness of any person, there shall be no discrimination on the basis of religious or political affiliations, marital status, physical handicap, race, color, sex, or national origin. Except as required by $ 253.32, there shall be no discrimination on the basis of nationality as between citizens of the United States and citizens of the Republic of Panama or residents of Panama or of the Canal Zone. § 253.32 Designation of security posi

tions. Positions designated as security positions by the head of each department or by his authority shall be filled only by citizens of the United States. Such positions may include, but need not be limited to, the following:

(a) Those involving security of property.

(b) Those involving access to defense information, not releasable to foreign nationals, classified pursuant to Executive Order 10501 of November 5, 1953. (3 CFR, 1941-1953 Comp., p. 979.)

(c) Those which require the use of United States citizens to insure continuity and capability of operation and administration of activities in the Canal Zone by the United States Government.

CROSS REFERENCE: For amendments to E.O. 10501 of November 5, 1953, referred to in paragraph (b) of this section, see E.O. 10816, May 7, 1959, 3 CFR, 1959 Supp., p. 107; E.O. 10901, January 9, 1961, 3 CFR, 1961 Supp., p. 70; E.O. 10964, September 20, 1961, 3 CFR, 1961 Supp., p. 124; E.O. 10985, January 12, 1962, 3 CFR, 1962 Supp., p. 127; E.O. 11097 February 28, 1963, 3 CFR, 1963 Supp., p. 161. § 253.33 Positions restricted to veterans

of United States Armed Forces. The provisions of 5 CFR 330.401, 330.402 and 330.403 apply in their entirety. $ 253.34 Disqualification of applicants.

An applicant may be denied examination and an eligible may be denied appointment for any of the reasons set forth below. A person disqualified for any of the listed reasons may, in the discretion of the Board, be denied examination, or denied appointment to any position, for such period as the Board may determine.

(a) Dismissal from employment for delinquency or misconduct.

(b) Physical or mental unfitness for the position for which applied.

(c) Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct.

(d) Intentional false statements or deception or fraud in examination or appointment.

(e) Use of narcotics or habitual use of intoxicating beverages to excess.

(f) In the case of citizens of the United States, reasonable doubt as to the loyalty of the person involved to the Government of the United States. In the case of non-United States citizens reasonable doubt that the person involved would refrain from committing acts inimical to the interests of the Government of the United States.

(g) Refusal to furnish testimony in regard to matters inquired of arising under subchapter III or the regulations in this chapter or refusal to furnish testi

mony in connection with investigations aminations conducted pursuant to the conducted pursuant to Executive Order regulations in this part. Violations of 10450 of April 1953. (3 CFR, 1949–1953 this restriction shall be considered suffiComp., p. 936.)

cient cause for removal from the (h) Any legal or other disqualification service. which makes the applicant unfit for the

§ 253.37 Examinations. service.

The Board shall be responsible for con§ 253.35 Appointments subject to in

ducting open competitive examinations vestigation.

for entrance into the service which will (a) All initial appointments or re fairly test the relative capacity and fitappointments made under this part shall ness of the persons examined for the pobe subject to such investigation as may sition(s) to be filled. When in the judgbe required to establish the appointee's ment of the Board sufficient competent qualifications and suitability for employ persons will not be available to provide ment.

competition, the Board may, with the (b) Except in cases involving inten consent of the employing department, tional false statements, or deception or examine and certify for competitive apfraud in examination or appointment, pointment fewer than three individuals. the condition "subject to investigation”

8 253.38 Rating competitors. automatically expires at the end of 1 year after the effective date of the

The subjects in examinations shall be appointment.

given such relative weight as the Board (c) For a period of 1 year after the

may prescribe and the same rating scale effective date of any appointment subject

shall be applied to all persons competing to investigation, the Board may instruct

in the same examination. Military servthe employing department to remove the

ice in the United States Armed Forces employee if investigation discloses that

will be credited, and ratings augmented he is disqualified for any of the reasons

for veterans, in accordance with the prolisted in § 253.34. Thereafter the Board

visions of 5 CFR § 337.101 (b), (c). In may require removal only on the basis of rating competitors the Board shall, in intentional false statements or deception

the case of preference eligibles, provide or fraud in examination or appointment.

for waiver of the physical standards and

requirements in accordance with 5 U.S.C. 8 253.36 Prohibited activities.

3312. (a) Coercion in competition. An ap (31 F.R. 12388, Sept. 16, 1966, as amended at plicant for competitive examination,

32 F.R. 4281, Mar. 18, 1967] eligible on any register, or officer or em

$ 253.39 Establishment of registers of ployee in the executive branch of the

eligibles. Government may not directly or indirectly persuade, induce, or coerce, or at

The names of eligibles (those competitempt to persuade, induce, or coerce any

tors who meet minimum requirements prospective applicant to withhold filing

and are rated as attaining the minimum application, or any applicant or eligible

required rating) shall be entered on apto withdraw from competition or eligi

propriate registers in the order outlined bility for the purpose of either improving

below. In the judgment of the Board, or injurying the prospects of any appli

eligibility on registers may be established

on the basis of earned eligible ratings cant or eligible for appointment. The

attained in appropriate examinations for penalty for violation of this section by

positions in the competitive service. applicants or eligibles shall be cancella

(a) According to their ratings. tion of application or eligibility, as the (b) An individual entitled to veteran case may be. The penalty for violation preference shall be entered ahead of all of this section by an employee subject to others having the same rating. the regulations in this subchapter shall

(c) All veterans who have a compenbe as determined by the Board.

sable service-connected disability of 10 (b) Instruction of applicants. Em percent or more shall be entered at the ployees are forbidden to instruct, either top of the register in the order of their directly or indirectly, or to be concerned ratings, except for professional and sciin any manner with the instruction of entific positions comparable in pay level any person or classes of persons with a to positions in grades Non-Manual 9 and view to their special preparation for ex above.

(d) When establishing registers, or propriate, be rerated on the basis of the making certifications therefrom, the particular requirements of the position. Board will provide for priority consid (e) Certification shall be made witheration for Canal Zone career and out regard to sex, unless the appointing career-conditional employees who have officer requests eligibles of a specified sex. been separated by reduction-in-force. (f) Certification may, at the request However, such priority consideration of the appointing officer, be restricted to shall not extend to any position which is eligibles residing in the Republic of Panin a pay level higher than that from ama and the Canal Zone. which the employee was separated. Any (g) Notwithstanding the provisions of benefits conferred pursuant to this sec 2 C.Z.C. 154, 76A Stat. 19, and Subpart F tion are in addition to those conferred by of this part, certification for appointentry of the employee's name on the em ment under an apprentice program may, ploying activity's reemployment priority at the request of the appointing officer, list.

be restricted on the basis of citizenship. (e) The Board will take appropriate

$ 253.41 Selection from certificates. action to insure that veterans of, or persons serving in, the Armed Forces of the (a) An appointing officer shall, with United States, receive the same consid sole reference to merit and fitness, make eration in examinations and entry upon selection for the first vacancy from the registers as are provided for the competi highest three eligibles available for aptive service by 5 CFR 332.311, 332.312, pointment on the certificate. For the 332.313, 332.321, 332.322.

second vacancy, he shall make selection (f) The Board will establish appropri from the three highest unselected and ate time periods and procedures for ter available eligibles on the certificate. minating the eligibility of individuals on Each succeeding vacancy shall be filled a register.

in like manner.

(b) An appointing officer is not re§ 253.40 Certification for appointment.

quired to consider any eligible: (a) Upon receipt of a request for cer (1) Who has been considered by him tification of eligibles, a sufficient number for three separate appointments from of names to permit the appointing officer the same or different certificates for the to consider three eligibles in connection same position; or with each vacancy shall be certified from (2) To whose certification for the parthe top of the appropriate register. Cer ticular position he makes an objection tificates may, with the consent of the that is sustained by the Board for any employing department, contain fewer of the reasons stated in $ 253.34 or for than three names.

other reasons considered by the Board to (b) When the position to be filled is be disqualifying for the particular posia “security position," only United States tion. The amount of a U.S. citizen cancitizens may be certified.

didate's previous service or residence in (c) If the number of eligibles on the foreign areas or the Canal Zone is a valid register is insufficient, the Board, in con qualification and selection factor in fillsultation with the employing department, ing positions in a department having an will determine whether selective certifi established program for rotating emcation is to be made from another reg ployees between oversea areas and the ister, whether a recruiting campaign United States. to attract applicants for examination (c) When an appointing officer passes should be initiated, or whether examin over a veteran preference eligible and ing action is to be taken in accordance tentatively selects a nonpreference eliwith $ 253.37 or a temporary appoint gible, the provisions of 5 CFR 332.407 ment authorized in accordance with apply except that the Board shall exer§ 253.43.

cise the authority vested in the Com(d) When there is no register appro mission. priate as a whole for certification for

[31 F.R. 12388, Sept. 16, 1966, as amended at filling a particular position, there may be 32 F.R. 8361, June 10, 1967] certified selectively from the most nearly

$ 253.42 Appointments from registers. appropriate existing register the names of eligibles who are qualified for the par (a) Except as provided by paragraph ticular position. Such eligibles shall be (d) of this section, a “Canal Zone Careercertified in the order of their ranking. Conditional Appointment” shall be given Eligibles on the register may, when ap to an eligible selected from a register for

other than temporary or term appoint for a career appointment in the comment.

petitive civil service, a permanent ap(b) Upon completion by the appointee pointment in the excepted service, or a of 3 years of creditable service, his ca Canal Zone career appointment. reer-conditional appointment shall be (e) An eligible selected from a regautomatically converted to a “Canal Zone ister for career appointment shall be Career Appointment.” As used in this required to serve a probationary period, paragraph, “creditable service” means subject to the same conditions as apply all substantially continuous service with to a career-conditional appointment. the Federal Government since initial (31 F.R. 12388, Sept. 16, 1966, as amended at nontemporary civilian appointment, in 33 F.R. 19820, Dec. 27, 1968] cluding any service in the competitive or

$ 253.43 Temporary and term appointexcepted service, or intervening service in

ments. the legislative or judicial branches or in the Armed Forces of the United States.

(a) Subject to conditions prescribed Service under a temporary appointment

by the Board, a department may make pending establishment of a register is

temporary appointment pending estabconsidered as nontemporary under this

lishment of a register, temporary limited paragraph and is creditable service, pro

appointments for periods not in excess vided it is followed without break in of 1 year, and term appointments for service by a Canal Zone Career-Condi periods, of more than 1, but not in tional appointment from a register and

excess of 4 years. A person so appointed some or all of the service under that ap

shall not acquire merit status by reason pointment was after February 7, 1968. A of such appointment. In making a tembreak in service of 30 days or less shall be porary appointment pending establishconsidered substantially continuous serv

ment of register, a department which ice. Breaks in service of more than 30

has an established program for rotating days shall not be considered substantially

employees between oversea areas and the continuous service unless the Board ex

United States may place a maximum cepts particular types of cases from this

time limitation, not in excess of 5 years, requirement. In making such exceptions,

on the period during which such temthe Board will be guided by the instruc porary appointment may extend. tions published for the competitive civil

(b) Term employees are required to service in the Federal Personnel Manual. serve a 1-year trial period, during which (c) An eligible given a Canal Zone

they shall be entitled to the same limited career-conditional appointment shall be

protection as is accorded probationers required to serve a probationary period

under the Canal Zone Merit System. In of 1 year. Policies as to prior Federal

adverse actions, term employees are enservice which may be counted toward

titled to the rights accorded career and completion of the probationary period

career-conditional employees under the shall be established by the Board. The

Canal Zone Merit System except while employing department shall utilize the they are serving the 1-year trial period probationary period as fully as possible

and when the term appointment has to determine the fitness of the employee

expired. and shall terminate his services during

(c) The Board shall issue instructions such period if he fails to demonstrate

to implement this section. Such infully his qualifications for continued

structions shall provide for maximum employment. The employee shall auto

use of eligibles available on registers and matically acquire a merit status upon

may provide authority for renewal of satisfactory completion of probation.

temporary limited appointments for pe

riods of not in excess of 1 year. (d) An eligible selected from a register for other than a temporary or term

(31 F.R. 12388, Sept. 16, 1966, as amended at

32 F.R. 8361, June 10, 1967] appointment shall be given a Canal Zone career appointment if:

§ 253.44 Noncompetitive appointments. (1) he is a Federal employee serving (a) Appointing officers may noncomunder a career appointment in the com petitively appoint a current Federal empetitive civil service, a permanent ap ployee who has a merit status, a competipointment in the excepted service, or a tive status, or who is serving probation Canal Zone career appointment;

at the time of appointment. Appointing (2) he is a former Federal employee officers may noncompetitively reappoint who once met the service requirement a former Federal employee who has a

merit status, a competitive status, or who was serving probation at the time of separation. Eligibility for such reappointment will be subject to the following conditions:

(1) Former Federal employees who have never completed the service requirement for Canal Zone career appointment or for career appointment in the competitive civil service may be reappointed only within 3 years following the date of their separation. This time limit does not apply to former employees entitled to veteran preference.

(2) Former employees who have once completed the service requirement for Canal Zone career appointment or for career appointment in the competitive civil service may be reappointed without time limitation.

(b) Subject to the following conditions, appointing officers may noncompetitively appoint an individual who is certified by the Director of the Peace Corps as having served satisfactorily as a Volunteer or Volunteer Leader under the Peace Corps Act:

(1) Appointment is effected within 1 year after the individual completes service under the Peace Corps Act, except that such period may be extended to not more than 3 years in the case of a person who, following his Peace Corps service, is engaged in military service, in the pursuit of studies at a recognized institution of higher learning, or in other activities which, in the view of the appointing officer, warrant extension.

(2) The individual passes such examination as the Board may prescribe.

(c) A Student Trainee who has successfully completed his cooperative workstudy program may be appointed noncompetitively to an NM-5 or NM–7 position for which he meets the qualification requirements, with the exception of any written test requirements, in the field of work in which he received his training, provided:

(1) He has successfully completed all the requirements for a bachelor's degree, including any specialized courses required for the particular position for which he has been in training;

(2) He has completed at least 6 months work experience (i.e., 6 months in a pay status) as a Student Trainee in the department that recommends his appointment, and

(3) His employing department recommends him for non-competitive appoint

ment within 90 days after completion of his work-study program.

CROSS REFERENCE: The Peace Corps Act (P.L. 87–293, September 22, 1961, 75 Stat. 612) as amended, referred to in paragraph (b) of this section, is classified to U.S.C., as follows: 5 U.S.C. 2253; 20 U.S.C. 425; 22 U.S.C., 2051 et seq.; 26 U.S.C. 912, 1303, 1321, 3122, 3401, 6051; 42 U.S.C., 405, 409, 410. § 253.45 Tenure following noncompeti

tive appointment. (a) The noncompetitive appointment of a current or former Federal employee who has not completed the service requirement for Canal Zone career appointment or career appointment in the competitive civil service shall be made as a Canal Zone career-conditional appointment. The appointment shall be automatically converted to a Canal Zone career appointment upon completion of the service requirement. A merit status shall be acquired upon satisfactory completion of any required probationary period.

(b) The noncompetitive appointment of a former or current Federal employee who has once completed the service requiremert for Canal Zone career appointment or for career appointment in the competitive civil service shall be made as a Canal Zone career appointment.

(c) Former or current Federal employees who did not complete any required probationary periods prior to noncompetitive appointment shall be required to serve a probationary period of 1 year following appointment.

(d) The noncompetitive appointment of a Volunteer or Volunteer Leader under the Peace Corps Act shall be made as a Canal Zone career-conditional appointment; shall be subject to satisfactory completion of a probationary period of 1 year; and shall be automatically converted to a Canal Zone career appointment upon completion of the service requirement. A merit status shall be acquired upon satisfactory completion of probation.

(e) The noncompetitive appointment of a person who has successfully completed a cooperative work-study program under paragraph (c) of $ 253.44 shall be made as Canal Zone Career-Conditional Appointment Canal Zone Career Appointment and shall be subject to the satisfactory completion of a probationary period of one year. Canal Zone Career-Conditional

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