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 positions.

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.

or

(d) Intentional false statements 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

(a) All initial appointments or reappointments made under this part shall be subject to such investigation as may be required to establish the appointee's qualifications and suitability for employment.

(b) Except in cases involving intentional false statements, or deception or fraud in examination or appointment, the condition "subject to investigation" automatically expires at the end of 1 year after the effective date of the appointment.

(c) For a period of 1 year after the effective date of any appointment subject to investigation, the Board may instruct the employing department to remove the employee if investigation discloses that he is disqualified for any of the reasons listed in § 253.34. Thereafter the Board may require removal only on the basis of intentional false statements or deception or fraud in examination or appointment. § 253.36 Prohibited activities.

(a) Coercion in competition. An applicant for competitive examination, eligible on any register, or officer or employee in the executive branch of the Government may not directly or indirectly persuade, induce, or coerce, or attempt to persuade, induce, or coerce any prospective applicant to withhold filing application, or any applicant or eligible to withdraw from competition or eligibility for the purpose of either improving or injurying the prospects of any applicant or eligible for appointment. The penalty for violation of this section by applicants or eligibles shall be cancellation of application or eligibility, as the case may be. The penalty for violation of this section by an employee subject to the regulations in this subchapter shall be as determined by the Board.

(b) Instruction of applicants. Employees are forbidden to instruct, either directly or indirectly, or to be concerned in any manner with the instruction of any person or classes of persons with a view to their special preparation for ex

The Board shall be responsible for conducting open competitive examinations for entrance into the service which will fairly test the relative capacity and fitness of the persons examined for the position(s) to be filled. When in the judgment of the Board sufficient competent persons will not be available to provide competition, the Board may, with the consent of the employing department, examine and certify for competitive appointment fewer than three individuals. § 253.38 Rating competitors.

The subjects in examinations shall be given such relative weight as the Board may prescribe and the same rating scale shall be applied to all persons competing in the same examination. Military service in the United States Armed Forces will be credited, and ratings augmented for veterans, in accordance with the provisions of 5 CFR § 337.101 (b), (c). In rating competitors the Board shall, in the case of preference eligibles, provide for waiver of the physical standards and requirements in accordance with 5 U.S.C. 3312.

[31 F.R. 12388, Sept. 16, 1966, as amended at 32 F.R. 4281, Mar. 18, 1967]

§ 253.39 Establishment of registers of eligibles.

The names of eligibles (those competitors who meet minimum requirements and are rated as attaining the minimum required rating) shall be entered on appropriate registers in the order outlined below. In the judgment of the Board, eligibility on registers may be established on the basis of earned eligible ratings attained in appropriate examinations for positions in the competitive service.

(a) According to their ratings.

(b) An individual entitled to veteran preference shall be entered ahead of all others having the same rating.

(c) All veterans 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, except for professional and scientific positions comparable in pay level to positions in grades Non-Manual 9 and above.

(d) When establishing registers, or making certifications therefrom, the Board will provide for priority consideration for Canal Zone career and career-conditional employees who have been separated by reduction-in-force. However, such priority consideration shall not extend to any position which is in a pay level higher than that from which the employee was separated. Any benefits conferred pursuant to this section are in addition to those conferred by entry of the employee's name on the employing activity's reemployment priority list.

(e) The Board will take appropriate action to insure that veterans of, or persons serving in, the Armed Forces of the United States, receive the same consideration in examinations and entry upon registers as are provided for the competitive service by 5 CFR 332.311, 332.312, 332.313, 332.321, 332.322.

(f) The Board will establish appropriate time periods and procedures for terminating the eligibility of individuals on a register.

§ 253.40 Certification for appointment.

(a) Upon receipt of a request for certification of eligibles, a sufficient number of names to permit the appointing officer to consider three eligibles in connection with each vacancy shall be certified from the top of the appropriate register. Certificates may, with the consent of the employing department, contain fewer than three names.

(b) When the position to be filled is a "security position," only United States citizens may be certified.

(c) If the number of eligibles on the register is insufficient, the Board, in consultation with the employing department, will determine whether selective certification is to be made from another register, whether a recruiting campaign to attract applicants for examination should be initiated, or whether examining action is to be taken in accordance with § 253.37 or a temporary appointment authorized in accordance with § 253.43.

(d) When there is no register appropriate as a whole for certification for filling a particular position, there may be certified selectively from the most nearly appropriate existing register the names of eligibles who are qualified for the particular position. Such eligibles shall be certified in the order of their ranking. Eligibles on the register may, when ap

propriate, be rerated on the basis of the particular requirements of the position.

(e) Certification shall be made without regard to sex, unless the appointing officer requests eligibles of a specified sex.

(f) Certification may, at the request of the appointing officer, be restricted to eligibles residing in the Republic of Panama and the Canal Zone.

(g) Notwithstanding the provisions of 2 C.Z.C. 154, 76A Stat. 19, and Subpart F of this part, certification for appointment under an apprentice program may, at the request of the appointing officer, be restricted on the basis of citizenship. § 253.41 Selection from certificates.

(a) An appointing officer shall, with sole reference to merit and fitness, make selection for the first vacancy from the highest three eligibles available for appointment on the certificate. For the second vacancy, he shall make selection from the three highest unselected and available eligibles on the certificate. Each succeeding vacancy shall be filled in like manner.

(b) An appointing officer is not required to consider any eligible:

(1) Who has been considered by him for three separate appointments from the same or different certificates for the same position; or

(2) To whose certification for the particular position he makes an objection that is sustained by the Board for any of the reasons stated in § 253.34 or for other reasons considered by the Board to be disqualifying for the particular position. The amount of a U.S. citizen candidate's previous service or residence in foreign areas or the Canal Zone is a valid qualification and selection factor in filling positions in a department having an established program for rotating employees between oversea areas and the United States.

(c) When an appointing officer passes over a veteran preference eligible and tentatively selects a nonpreference eligible, the provisions of 5 CFR 332.407 apply except that the Board shall exercise the authority vested in the Commission.

[31 F.R. 12388, Sept. 16, 1966, as amended at 32 F.R. 8361, June 10, 1967]

§ 253.42 Appointments from registers.

(a) Except as provided by paragraph (d) of this section, a "Canal Zone CareerConditional Appointment" shall be given to an eligible selected from a register for

other than temporary or term appointment.

(b) Upon completion by the appointee of 3 years of creditable service, his career-conditional appointment shall be automatically converted to a “Canal Zone Career Appointment." As used in this paragraph, "creditable service" means all substantially continuous service with the Federal Government since initial nontemporary civilian appointment, including any service in the competitive or excepted service, or intervening service in the legislative or judicial branches or in the Armed Forces of the United States. Service under a temporary appointment pending establishment of a register is considered as nontemporary under this paragraph and is creditable service, provided it is followed without break in service by a Canal Zone Career-Conditional appointment from a register and some or all of the service under that appointment was after February 7, 1968. A break in service of 30 days or less shall be considered substantially continuous service. Breaks in service of more than 30 days shall not be considered substantially continuous service unless the Board excepts particular types of cases from this requirement. In making such exceptions, the Board will be guided by the instructions published for the competitive civil service in the Federal Personnel Manual.

(c) An eligible given a Canal Zone career-conditional appointment shall be required to serve a probationary period of 1 year. Policies as to prior Federal service which may be counted toward completion of the probationary period shall be established by the Board. The employing department shall utilize the probationary period as fully as possible to determine the fitness of the employee and shall terminate his services during such period if he fails to demonstrate fully his qualifications for continued employment. The employee shall automatically acquire a merit status upon satisfactory completion of probation.

(d) An eligible selected from a register for other than a temporary or term appointment shall be given a Canal Zone career appointment if:

(1) he is a Federal employee serving under a career appointment in the competitive civil service, a permanent appointment in the excepted service, or a Canal Zone career appointment;

(2) he is a former Federal employee who once met the service requirement

for a career appointment in the competitive civil service, a permanent appointment in the excepted service, or a Canal Zone career appointment.

(e) An eligible selected from a register for career appointment shall be required to serve a probationary period, subject to the same conditions as apply to a career-conditional appointment. [31 F.R. 12388, Sept. 16, 1966, as amended at 33 F.R. 19820, Dec. 27, 1968]

§ 253.43 Temporary and term appoint

ments.

(a) Subject to conditions prescribed by the Board, a department may make temporary appointment pending establishment of a register, temporary limited appointments for periods not in excess of 1 year, and term appointments for periods, of more than 1, but not in excess of 4 years. A person so appointed shall not acquire merit status by reason of such appointment. In making a temporary appointment pending establishment of a register, a department which has an established program for rotating employees between oversea areas and the United States may place a maximum time limitation, not in excess of 5 years, on the period during which such temporary appointment may extend.

(b) Term employees are required to serve a 1-year trial period, during which they shall be entitled to the same limited protection as is accorded probationers under the Canal Zone Merit System. In adverse actions, term employees are entitled to the rights accorded career and career-conditional employees under the Canal Zone Merit System except while they are serving the 1-year trial period and when the term appointment has expired.

(c) The Board shall issue instructions to implement this section. Such instructions shall provide for maximum use of eligibles available on registers and may provide authority for renewal of temporary limited appointments for periods of not in excess of 1 year.

[31 F.R. 12388, Sept. 16, 1966, as amended at 32 F.R. 8361, June 10, 1967]

§ 253.44 Noncompetitive appointments.

(a) Appointing officers may noncompetitively appoint a current Federal employee who has a merit status, a competitive status, or who is serving probation at the time of appointment. Appointing officers may noncompetitively reappoint 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 noncompetitive 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 requirement 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 a Canal Zone Career-Conditional Appointment or Canal Zone Career Appointment and shall be subject to the satisfactory completion of a probationary period of one year. Canal Zone Career-Conditional