An agency may detail an employee to a competitive operator position for 30 days or less when he possesses a State license. For details exceeding 30 days, the employee shall meet the Commission's requirement applicable to position change and transfer.

§ 930.109 Excepted operator position.

In filling an excepted operator position, an agency shall apply the provisions of §§ 930.106 and 930.107 which apply to the filling of a competitive operator position by appointment procedures of like nature.

§ 930.110 Incidental operator.

(a) To qualify as an incidental operator, an employee shall (1) meet the physical standards established by the Commission; (2) qualify on a road test determined by the agency to be appropriate; and (3) possess a State license.

(b) An agency head or his designated representative may waive the road test, but only when in his opinion it is impractical to apply it, and then only for an employee whose competence as a driver has been established by his past driving record.

(c) An agency head or his designated representative may waive the requirement for possession of a State license only under the circumstances set out in, and in accordance with, a specific authorization by the Commission to the agency concerned. § 930.111

Identification card.

(a) An agency shall issue an identification card in accordance with this subpart to each employee who operates a Government-owned motor vehicle.

(b) The Commission may grant exceptions to the requirement in paragraph (a) of this section to certain employees

who otherwise meet the requirements of this subpart when it finds these exceptions are in the interest of good administration.

§ 930.112 To whom issued.

(a) Each agency shall issue an identification card to:

(1) Each employee who qualifies for and is assigned to an operator position; (2) Each employee who qualifies as an incidental operator; and

(3) Other employees who qualify in accordance with the requirements for incidental operator in § 930.110.

(b) An agency may issue an identification card without regard to the requirements in §§ 930.106 and 930.110:

(1) To an employee in an operator position under temporary appointment or detail not exceeding 1 month;

(2) For 1 month or less, to an employee in an operator position in order to permit completion of special testing approved by the Commission in a particular selection program; and

(3) For 1 month or less, to other employees who are taking training to satisfy requirements as operators or incidental operators or under such circumstances as in the judgment of the agency is necessary in the interests of the Government.

An agency may issue an identification card under authority of this paragraph only to an employee who is in possession of a State license, except when this requirement is waived under § 930.110 (c). An identification card issued under this paragraph shall include the time restriction imposed.

times while driving a Government-owned motor vehicle.

(b) The Commission may grant exceptions to the requirement in paragraph (a) of this section.

(c) The holder of an identification card shall surrender the card when he leaves the issuing agency or moves to a position in which the driving of a Government-owned vehicle is not necessary. § 930.115 Renewal and reissuance of identification cards.

(a) An identification card is valid for not more than 3 years, and is renewable for additional periods of not more than 3 years each.

(b) An agency may renew or reissue an identification card only after the agency head or his designated representative has determined that the employee concerned continues to meet prescribed physical standards and continues to demonstrate competence in driving the motor vehicle to which assigned.

§ 930.116

State license in possession.

(a) An employee shall have a State license in his possession at all times while driving a Government-owned motor vehicle on a public highway.

(b) The Commission may grant exceptions to the requirement in paragraph (a) of this section.

§ 930.117 Periodic physical testing.

At least once every 3 years each agency, in accordance with standards and procedures established by the Commission, shall provide for testing the physical fitness of each employee who operates a Government-owned vehicle.

An agency shall take any adverse action against an operator or an incidental operator in accordance with applicable laws and regulations. Agency orders and directives shall include the following reasons among those constituting sufficient cause for an adverse action against an operator or an incidental operator:

(a) The employee is convicted of operating under the influence of narcotics.

(b) The employee is convicted of leaving the scene of an accident without making himself known.

(c) A Federal medical officer finds the employee fails to meet the required physical standards.

(d) The employee's State license is revoked.

(a) "Agency" has the meaning given it by section 551 of title 5, United States Code.

(b) "Detail" means the temporary assignment of an employee from one position to another position without change in his civil service or pay status. The assignment to a hearing examiner of a case of the level of difficulty that would ordinarly be assigned to a hearing examiner of a different grade does not of itself constitute a detail within the meaning of this subpart.

(c) "Hearing examiner position" mean a position in which any portion of the duties includes those which require the appointment of a hearing examiner under section 3105 of title 5, United States Code.

(d) "Promotion" means a change in grade from one position to a higher graded position, whether newly created, or left vacant because of promotion, demotion, transfer, reassignment, retirement, separation of the last incumbent, or a change resulting from the assignment of work of higher grade than the work of the position to which the examiner was absolutely appointed.

(e) "Reinstatement" means reemployment authorized on the basis of the appointee's absolute status as hearing

(a) Eligible rating. An applicant for a hearing examiner position who meets the minimum entrance requirements for entrance to the examination and attains a numerical rating determined by the Commission as sufficient to produce an adequate register is eligible for appointment.

(b) Prior approval. An agency may make an appointment to a hearing examiner position only with the prior approval of the Commission, except when it makes its selection from a certificate of eligibles furnished by the Commission. An appointment is subject to investigation in accordance with §§ 731.201 through 731.303 of this chapter and subject to security clearance by the agency.

(c) Probationary and career-conditional periods. The requirement of a probationary and career-conditional period before absolute appointment does not apply to an appointment to a hearing examiner position.

(d) Appointment of incumbents of newly classified hearing examiner positions. An agency may appoint as a hearing examiner an employee who is serving in a position which is classified as a hearing examiner position on the basis of legislation, Executive order, or decision of a court if:

(1) He has a competitive status or was serving in an excepted position under a permanent appointment;

(2) He was serving in the position on the date of the legislation, Executive order, or decision of the court on which the classification of the position is based;

(3) The Commission receives a recommendation for his appointment from the agency concerned not later than 6 months after classification of the position on the basis of the legislation, Executive order, or decision of the court; and

(4) The Commission approves his qualifications for the position. In an emergency situation, when the needs of the service require it, the Commission may authorize the conditional appointment of an employee to a hearng ex

aminer position pending final decision on his eligibility for absolute appointment under this paragraph.

(e) Appointment of legislative and judicial employees. An agency may appoint a former employee of the legislative or judicial branch to a hearing examiner position if he passes such suitable noncompetitive examination as the Commission prescribes and is otherwise eligible under the provisions of section 3304 (c) of title 5, United States Code.

(f) Appointment of incumbents of nonhearing examiner positions. Except as provided in paragraphs (c) and (d) of this section, an agency may not appoint an employee who is serving in a position other than a hearing examiner position to a hearing examiner position, except by selection from a certificate of eligibles furnished by the Commission from the open competitive register.

[33 F.R. 12519, Sept. 4, 1968; 34 F.R. 1551, Jan. 31, 1969]

When the Commission classifies an occupied hearing examiner position at a higher grade, the Commission shall direct the promotion of the incumbent hearing examiner and the promotion is effective on the date named by the Commission.

§ 930.205 Reassignment.

An agency may reassign a hearing examiner who is serving under absolute appointment from one hearing examiner position to another hearing examiner position with the prior approval of the Commission on a noncompetitive basis in accordance with regular civil service procedures.

§ 930.206 Transfer.

(a) With the prior approval of the Commission, an agency may transfer a hearing examiner with a promotion only after he has established his eligibility at the higher grade in accordance with all current examination requirements.

(b) An agency may transfer a hearing examiner from one hearing examiner position to another hearing examiner position, when this does not involve a promotion, with the prior approval of the Commission on a noncompetitive basis in accordance with regular civil service procedures.

§ 930.207 Reinstatement.

(a) Except as provided in paragraph (b) of this section, an agency may rein

state a person who has reinstatement status and who has served with absolute status as a hearing examiner under section 3105 of title 5, United States Code, only after (1) he has established his eligibility at the grade to which he is to be reinstated in accordance with all current examination requirements, and (2) he demonstrates that his experience satisfies all current qualification requirements. Reinstatement is subject to investigation by, and the prior approval of, the Commission.

(b) A person whose reinstatement is proposed need only demonstrate that his experience satisfies all current qualification requirements if (1) he left his former hearing examiner position for a Government position of equal or superior rank, and (2) he is being reinstated by the agency on whose rolls he formerly served as a hearing examiner.

Parts 352 and 353 of this chapter governing reemployment rights and restoration after military service apply to reemployment and restoration to hearing examiner positions.

§ 930.209 Detail and assignment to other duties.

(a) An agency may not detail an employee who is not a hearing examiner to a hearing examiner position.

(b) An agency may assign a hearing examiner (by detail or otherwise) to perform duties that are not duties of a hearing examiner without the prior approval of the Commission only when:

(1) The other duties are not inconsistent with the duties and responsibilities of a hearing examiner;

(2) The assignment is to last no longer than 120 days; and

(3) The hearing examiner has not had an aggregate of more than 120 days of those assignments within the preceding 12 months.

(c) On a showing by an agency that it is in the public interest to do so, the Commission may authorize a waiver of subparagraphs (2) and (3) of paragraph (b) of this section.

An agency shall not rate the performance of a hearing examiner.

§ 930.212 Rotation of examiners.

Insofar as practicable, an agency shall assign its hearing examiners in rotation to cases.

§ 930.213 Use of examiners of other agencies.

At the request of an agency that is occasionally or temporarily insufficiently staffed, the Commission shall provide for the temporary use by the agency of the services of a hearing examiner of another agency. The Commission, with the consent of the agency in which a hearing examiner is employed, shall select the examiner to be used, and shall name the date on which the examiner is to be made available to the agency in need of his services.

(a) Removal. An agency may remove a hearing examiner only for good cause, established and determined by the Commission, after opportunity for a hearing and on the record thereof as provided in §§ 930.221 through 930.234.

(b) Status during removal proceedings. In exceptional cases when there are circumstances by reason of which the retention of a hearing examiner in his position, pending adjudication of the existence of good cause for his removal, would be detrimental to the interests of the Government, the agency shall either assign the hearing examiner to duties in which these conditions would not exist, or place him on annual leave for the period that will be covered by the annual

leave to his credit. An agency may take action under this paragraph only with the prior approval of the Commission.

(c) Exceptions from procedures. The procedures in this subpart governing the removal of hearing examiners do not apply in making dismissals requested by the Commission under § 5.2 and § 5.4 of this chapter, nor to dismissals made by agencies in the interest of national security.

§ 930.215 Reduction in force.

(a) Service date. The service date for the purpose of reductions in force of hearing examiners reflects the length of Federal Government service.

(b) Determination of tenure groups. In determining retention standing in a reduction in force, each agency shall classify its hearing examiners in groups and subgroups according to tenure of employment and veteran preference in the manner prescribed in Part 351 of this chapter. However, as hearing examiners are not given performance ratings, the provisions in Part 351 of this chapter referring to the effect of performance ratings on retention standing are not applicable to hearing examiners.

(c) Status of hearing examiners who are reached in reduction in force. (1) The Commission, on request of a hearing examiner who has been notified he is to be separated, furloughed, or demoted because of a reduction in force, shall place his name on:

(i) The Commission's priority referral list for the grade in which he last served and for all lower grades; and

(ii) The open competitive hearing examiner register, ahead of all other eligibles, for the grade from which he was separated, furloughed, or demoted as a hearing examiner and for all lower grades. When more than one hearing examiner is affected, the Commission shall rate the qualifications of the several examiners and relative standing at the top of the register is based on these ratings.

(2) A hearing examiner may file a request under subparagraph (1) of this paragraph at any time after the receipt of the reduction-in-force notice but not later than 90 days after the date of separation, furlough, or demotion. He shall file with his request a Standard Form 171 and a copy of the reduction-in-force notice.

(3) When there is no hearing examiner on the agency's reemployment pri

ority list, but there is a hearing examiner who has been placed on the priority referral list (subparagraph (1)(1) of this paragraph) or on the top of the open competitive register for priority certification (subparagraph (1)(ii) of this paragraph), the agency may fill a vacant hearing examiner position only by selection from the priority referral list or the register, unless it obtains the prior approval of the Commission under $930.203(b), § 930.204, § 930.205, § 930.206, or § 930.207.

(4) Referral, certification, and selection of hearing examiners from the agency's reemployment priority list, the Commission's priority referral list, or the open competitive register are made without regard to selective certification procedures applied in original appointment.

(d) Retention preference regulations. The reduction-in-force regulations for use in in reduction in force (Part 351 of this chapter), except as modified by this section, apply to reductions in force of hearing examiners.

HEARINGS IN REMOVAL CASES; RULES OF PRACTICE

(a) When a respondent desires to contest the proceedings he shall file an answer (original and four copies) to the letter of charges with the Commission within 15 days of the service of the copy of the letter of charges. The respondent shall specifically admit, deny, or explain each of the reasons alleged in the letter of charges unless he is without knowledge, in which case he shall so state. The Commission shall serve a copy of the answer on the agency.

(b) Failure of respondent to file answer within the time limit is deemed to au