PART 11-CERTIFICATIONS BY CON

TRACTORS AND VENDORS

CERTIFICATES BY CONTRACTORS AND VENDORS IN SUPPORT OF INVOICES OR PUBLIC VOUCHERS FOR PURCHASES AND SERVICES OTHER THAN PERSONAL, STANDARD FORM NO. 1034-REVISED

Sec.

11.1 Necessity for and form of certificates. 11.2 Manner of execution of certificates.

§ 11.1 Necessity for and form of certificates. The vendor's general certificate now appearing on Standard Form No. 1034-Revised is hereby amended to read as follows:

I certify that the above bill is correct and just; that payment therefor has not been received; that all statutory requirements as to American production and labor standards, and all conditions of purchase applicable to the transactions have been complied with; and that State or local sales taxes are not included in the amounts billed.

All certificates heretofore approved and authorized in circular letters of April 2 and June 2, 1938, are hereby revoked and the certificate above will be used in

place of all others now required on Standard Form No. 1034-Revised or on a vendor's bill of sale or invoice. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [As amended by File No. A-65768, Aug. 15, 1941; 6 F.R. 5082]

§ 11.2 Manner of execution of certificates. The prescribed certificate may be printed, stamped, typed, or written on vendor's bill of sale or invoice and must be signed (in original only) by the vendor or its duly authorized representative.

Under no conditions should the certificate on Government vouchers or on invoice forms to be attached to such vouchers be signed in blank or at any time prior to the submission of the voucher or invoice but only after delivery or performance by the claimant. To do so may result in the submission of a false claim against the Government for which the person signing the certificate may be held liable under the law. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [As amended by File No. A-65768, Aug. 15, 1941; 6 F.R. 5082]

PART 1-POLITICS AND RELIGION

CIVIL SERVICE RULE I

§ 1.1 No interference with elections. No person in the executive civil service shall use his official authority or influence for the purpose of interfering with an election or affecting the results thereof. Persons who by the provisions of the rules in this chapter are in the competitive classified service, while retaining the right to vote as they please and to express their opinion on all political subjects, shall take no active part in political management or in political campaigns. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As amended by E.O. 8705, Mar. 5, 1941, effective, Nov. 7, 1940; 6 F.R. 1313] REGULATIONS UNDER CIVIL SERVICE RULE I

(R.S.

§ 1.102 Concurrent employment in Federal and other Government agencies.

NOTE: 1.102 was superseded and made inoperative insofar as the United States Civil Service Commission shall, by regulation, authorize appointments to positions directly concerned with national defense, by E.O. 8516, Aug. 15, 1940; 5 F.R. 2881.

§1.104 Other exemptions from the operation of Executive Order of Jan. 17, 1873, as amended.

(w) Teachers or instructors. Officers and employees of the Federal Government may hold positions as teachers or instructors in any State, territorial, or municipal school or university: Provided, That their holding of such positions shall not in any manner interfere or conflict with the performance of their duties during their regular hours of duty as officers or employees of the Federal Government. [As added by E.O. 8390, Apr. 11, 1940; 5 F.R. 14111

(x) Social Security Board. (1) Offcers and employees of the Social Security Board, Federal Security Agency, upon recommendation of the Board and approval of the Federal Security Administrator, may hold office under State, ter

ritorial, and municipal governments engaged in cooperative and related work with the Social Security Board, as authorized by Federal and State laws: Provided, That the services to be performed by them shall pertain to such work and shall not in any manner interfere or conflict with the performance of their duties during their regular hours of duty as officers or employees of the Federal Government; and (2) State, territorial, and municipal officers, or employees engaged in cooperative and related work with the Social Security Board, unless prohibited by law, may accept appointment in and serve under the Social Security Board, Federal Security Agency, when the Board and the Administrator deem such employment necessary to secure a more efficient administration of the duties imposed upon the Social Security Board: Provided, That the appointment of any such officer or employee to a position subject to civil service laws under the Social Security Board shall be made in accordance with civil-service laws, rules, and regulations. [As added by E.O. 8399, Apr. 29, 1940; 5 F.R. 1607]

(y) Chancellor of University of Puerto Rico. Any officer or employee of the Federal Government may hold the office of Chancellor of the University of Puerto Rico: Provided, That the holding of such office shall not in any manner interfere or conflict with the incumbent's performance of his regular duties as an officer or employee of the Federal Government. [As added by E.O. 8880, Aug. 30, 1941; 6 F.R. 4551]

(z) Alien enemy hearing boards. Any person holding a State, territorial, or municipal office may accept appointment and serve as a member of an Alien Enemy Hearing Board. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As added by E.O. 8980, Dec. 16, 1941; 6 F.R. 6471]

PART 2-CLASSIFICATION OF THE

SERVICE

CIVIL SERVICE RULE II

§ 2.6 Excepted employees; when classified. Except as provided in § 2.7, a person holding a position when it is placed in the classified (competitive) service or otherwise is made subject to competitive examination shall, upon recommendation to the Commission by the head of the department or agency in which he is employed, have all the rights which he would have acquired if appointed thereto by competitive examination: Provided:

(a) That he has rendered six months of satisfactory active service in such position or in the civilian executive branch of the Federal Government immediately prior to the effective date of the change in status of the position, and continues to serve in such position for 60 days thereafter;

(b) That he shall pass such appropriate noncompetitive tests of fitness as the Commission may prescribe;

(c) That he is not disqualified by any provision of § 5.3 of this chapter or of any other civil service rule or by any provision of the Civil Service Act or any other statute or executive order:

Provided, further, That in conferring a classified competitive status upon any employee under this or any other rule or any statute or executive order, the Commission:

(1) May, in its discretion, exempt from the physical requirements established for any position any employee who has rendered long and faithful service in a civil capacity for the Government;

(2) May consider a person whose name is carried on the compensation rolls of the Employees' Compensation Commission as having rendered satisfactory active service in the position in which he last served for the period which his name is carried on such rolls:

Provided further, That any person who in order to perform active service with the military or naval forces of the United States has left, or leaves, a position (other than a temporary position) which is covered into the classified civil service under this part, may, upon being rein

stated thereto, acquire a classified civil service status: Provided, That he is recommended by the head of the department or agency concerned within one year of his reinstatement and certified as having ́served with merit for at least six months and that he meet the requirements of paragraphs (b) and (c) of this section.

Any person who fails to meet the above-stated requirements of this section may, in the discretion of the head of the agency concerned, be retained in the position in which he is serving without acquiring a classified (competitive) status, but such employee may not be promoted, transferred, or assigned to any other classified (competitive) position. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As amended by E.O. 8894, Sept. 8, 1941; 6 F.R. 4681]

PART 9-REINSTATEMENT
CIVIL SERVICE RULE IX

§ 9.2 Probationer.

(c) If separated without prejudice either voluntarily or involuntarily after at least six months of satisfactory service in a position having a probationary period in excess of six months, he may be reinstated in any part of the service in any position for which he is qualified or can qualify through non-competitive examination: Provided, That reinstatement to a position having a probationary period in excess of six months will be to complete probation. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As added by E.O. 8707, Mar. 10, 1941; 6 F.R. 1399]

PART 10-TRANSFER

CIVIL SERVICE RULE X

§ 10.6 Transfer certificate required.

*

(a) Absolute appointment. Such person must have received absolute appointment, except that a probationer who has completed at least six months of satisfactory service in a position having a probationary period in excess of six months may be transferred to any part of the service: Provided, That transfer to another position having a probation

ary period in excess of six months will be to complete probation. [As amended by E.O. 8707, Mar. 10, 1941; 6 F.R. 1399]

PART 12-REMOVALS AND
REDUCTIONS

CIVIL SERVICE RULE XII

§ 12.5 Retention of soldiers and sailors. In harmony with statutory provisions, when reductions are being made in the force, in any part of the classified service, no employee entitled to military preference in appointment shall be discharged, dropped, or reduced in rank or salary before any employee not entitled to military preference in competition with him if his record is good; nor shall any classified employee entitled to military preference in appointment be discharged, dropped, or reduced in rank or salary before any employee not entitled to military preference in competition with him if his efficiency rating is less than good but better than, or equal to, that of any such non-preference employee. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [As amended by E.O. 8705, Mar. 5, 1941, effective Nov. 7, 1940; 6 F.R. 1313]

PART 15-WITHHOLDING SALARY

CIVIL SERVICE RULE XV

§ 15.1 Legal appointment necessary to compensation. Whenever the Commission finds, after due notice and opportunity for explanation, that any person has been appointed to or is holding any position, whether by original appointment, promotion, assignment, transfer, or reinstatement, in violation of the Civil Service Act or Rules, or of any Executive order or any regulation of the Commission, or that any employee subject thereto has violated such Act, Rules, orders, or regulations, it shall certify the facts to the proper appointing officer with specific instructions as to discipline or dismissal of the person or employee affected. If the appointing officer fails to carry out the instructions of the Commission within 10 days after receipt thereof, the Commission shall certify the facts to the proper disbursing

AUTHORITY: §§ 17.1 to 17.6, inclusive, issued under E.O. 8743; 6 FR. 2117; 54 Stat. 1211; 5 U.S.C. 631a, 681.

SOURCE: §§ 17.1 to 17.3, inclusive, contained in Regulations, Civil Service Commission, June 27, 1941; 6 F.R. 3577.

§ 17.1 Appointments from existing registers. Any junior attorney or law clerk (trainee) position which is vacant after July 1, 1941, may be filled, prior to the establishment of registers under section 3 of Executive Order 8743, by the appointment of any person appearing upon a then existing register established by the Civil Service Commission for junior attorney or legal assistant positions, and qualification for such a register shall constitute under section 3 (i) of Executive Order 8743 passing a non-competitive examination prescribed by the Commission with the approval of the Board.

NOTE: 17.1 was revoked by Regulations, Aug. 6, 1941; 6 F.R. 4091.

§ 17.2 Appointments pending registers. Any attorney position (including junior attorney and law clerk (trainee) positions) which is vacant after July 1, 1941, may be filled, prior to August 15, 1941, by temporary appointment without regard to the provisions of the Civil Service Act and Rules or of section 3 of Executive Order 8743, if prior express permission for such an appointment is given by the Civil Service Commission. Any person receiving such a temporary appointment will be required to pass a noncompetitive examination prescribed by the Commission with the approval of the Board under section 3 (1) of the Executive Order 8743, at such time after such examination is prescribed and approved as the Commission may require. If a person receiving a temporary appointment under this section shall fail to pass the noncompetitive examination, his appointment shall be terminated within 30 days after notification by the Commission to the department or agency in which he is employed. Any person receiving a temporary appointment under this section shall be eligible for a classified civil-service status six months after he has passed such