(b) Inter-agency transfers. (1) Whenever the Commission shall find that an employee, eligible for transfer under the provisions of paragraphs (f) and (g) of this section, will make a more effective contribution to the war program in a position in some other agency or activity, transfer will be authorized by the Commission under Directive No. X of the War Manpower Commission (effective September 27, 1942, 7 F.R. 7298, 11050; 9 F.R. 3534). [Subparagraph (1) amended Feb. 7, 1945, effective Mar. 3, 1945, 10 F.R. 2155]

(c) Intra-agency transfers. The transfer of any employee from one activity or office to another activity or office within the same department or agency may be effected by the head of the department or agency without the prior approval of the Commission except where required under paragraphs (f) and (g) of this section, subject to the following conditions:

CODIFICATION: In § 18.9 (c), the text immediately preceding subparagraph (1) was amended to read as set forth above, Feb. 7, 1945, effective Mar. 3, 1945, 10 F.R. 2155.

(e) Reemployment benefits.

(6) An employee having reemployment rights by reason of transfer who has not been involuntarily terminated or furloughed by the agency or public or private enterprise to which so transferred may exercise such rights and may be reemployed in accordance with the provisions of this paragraph by the agency in which he has reemployment rights whenever such action is agreed to by such agency, the employee, and his present agency or private or public enterprise: Provided, That such agreement is reached before termination of the employee's services or on or before the fortieth day following termination. [Subparagraph (6) added June 4, 1945, 10 F.R. 9205]

(g) Status of employees. (1) No employee serving under a temporary appointment under the regulations in this part or under an excepted-by-law (including contract) or Schedule A or B appointment may be transferred under this section unless he has a status for reappointment under § 18.8, or unless he has served 6 months under such appointment and extensions thereof. No employee serving under a temporary appointment under the regulations in this part, or under an excepted-by-law (including contract) or Schedule A or B appoint

(1) Trial period. Persons transferred under authority of the regulations of this part from one Federal agency to another, will be required to serve a trial period of one year in accordance with § 18.5 (c). In the case of substitutes and charmen and charwomen in the Postal Service, the trial period will be 2,024 hours of active duty. [Paragraph (1) amended Sept. 27, 1945, 10 F.R. 12247]

§ 18.10 Release from Government employ. ment-(a) Consent for reappointment, reinstatement, and reemployment. No department or agency will effect the transfer or the appointment, reappointment, reinstatement, or reemployment within sixty days of separation from the service of any employee, or former employee, as the case may be, of another department or agency without the express prior approval of the Civil Service Commission. [Paragraph (a) amended Jan. 18, 1945, effective Feb. 9, 1945, 10 F.R. 943]

§ 18.13 Restoration after return from military service-(a) Persons entitled to restoration by law. Any civilian employee of the Executive branch of the Government covered by the Selective Training and Service Act or other statutes providing for reemployment after military service who has left or leaves his position (other than a temporary position) in order to perform active military or naval service for the United States and (1) is honorably separated from such service, (2) is still qualified to perform the duties of such position, and (3) makes application for reemployment within ninety days after he is relieved from such active duty or service or from hospitalization continuing after discharge for a period of not more than one year, shall be restored within thirty days to the position he left or, if that position does not exist, to a position of like seniority, status, and pay. [Headnote and paragraph

(a) amended May 28, 1945, 10 F.R. 7153]

[Preceding paragraph (a), in small type, superseded by following paragraph (a), also in small type, during period covered by this Supplement]

(a) Persons entitled to restoration by law. Any civilian employee of the Executive branch of the Government covered by the Selective Training and Service Act or other statutes providing for reemployment after military service who has left or leaves his

position (other than a temporary position) in order to perform active military or naval service for the United States and (1) is honorably separated from such service, (2) is still qualified to perform the duties of such position, and (3) makes application for reemployment within ninety days after he is relieved from such active duty or service or from hospitalization continuing after discharge for a period of not more than one year, shall be restored within thirty days to the position he left or, if that position does not exist, to a position of like seniority, status, and pay: Provided, That failure of the agency to act within the said period will not affect the employee's right to restoration: Provided further, That the employee's tenure with the agency will determine whether he left other than a temporary position and the fact that the last position the returning veteran held through promotion or reassignment carried a time limitation will not of itself affect his right to be restored to that position or one of like seniority, status and pay. [Paragraph (a) amended Aug. 4, 1945, 10 F.R. 11637]

CODIFICATION: Prior to the amendment of paragraph (a) as set forth above, the text of said paragraph immediately preceding existing subparagraph (1) was amended to read as follows, by Regulation, Civil Service Commission, approved Jan. 2, 1945, 10 F.R.

695:

(a) Persons discharged from the military or naval service. Any civilian employee of the executive branch of the Government who has left or leaves his position (other than a temporary position) in order to perform active military or naval service for the United States, and (1) is honorably separated from active military or naval service, and (2) is still qualified to perform the duties of his position and (3) makes application for reemployment in such position within ninety days after his separation from active military or naval service, or within ninety days after discharge from hospitalization which continues after separation from active military or naval duty for a period of not more than one year, shall be entitled to the following reemployment benefits:

(b) Persons not entitled to restoration by law. (1) Any person having appointment under the civil service rules or the war service regulations not limited to one year or less who left or leaves a temporary position (within the meaning of the statutes providing for restoration) in any department or agency of the Executive branch of the Federal Government in order to perform active military or naval scrvice for the United States and (1) is honorably separated from such service, (ii) is still qualified to perform the duties of such position, and (iii) makes application for reemployment within ninety days after he is relieved from such active duty or service or from hospitalization continuing after discharge for a period of not

more than one year, shall be reemployed within thirty days either in the position he left or in a position of like seniority, status, and pay in the same competitive area as determined under the retention preference regulations: Provided, That such reemployment will not require the removal through reduction in force of any employee in a higher retention group: Provided further, That reemployment under this section shall not extend the limitation placed upon his original appointment.

(2) Any person who, in order to perform active military or naval service for the United States, left or leaves a position in a public or private enterprise (other than a temporary position limited to one year or less) which was or is subsequently taken over by the Federal Government shall be entitled to the reemployment rights set forth in subparagraph (1) of this paragraph upon meeting the conditions therein. [Paragraph (b) amended May 28, 1945, 10 F.R. 7153] [Preceding paragraph, in small type, superseded by following paragraph, also in small type, during period covered by this Supplement]

(b) Persons not entitled to restoration by law. (1) Any person having appointment under the civil service rules and the war service regulations not limited to one year or less who left or leaves a temporary position (within the meaning of the statutes providing for restoration) in any department or agency of the Executive branch of the Federal Government in order to perform active military or naval service for the United States and (i) is honorably separated from such service, (ii) is still qualified to perform the duties of such position, and (iii) makes application for reemployment within ninety days after he is relieved from such active duty or service or from hospitalization continuing after discharge for a period of not more than one year, shall be reemployed within thirty days either in the position he left or in a position of like seniority, status, and pay in the same geographical locality in which he was employed formerly: Provided, That such reemployment will not require the removal through reduction in force of any employee in a higher retention group: Provided further, That reemployment under this paragraph shall not extend the limitation placed upon his original appointment: Provided further, That failure of the agency to act within the said period will not affect the employee's right to restoration: Provided further, That the fact that the last position the returning veteran held through promotion or reassignment carried a time limitation will not of itself affect his right to be restored to that position or one of like seniority, status and pay.

(2) Any person who, in order to perform active military or naval service for the United States, left or leaves a position in a public or private enterprise (other than a temporary position limited to one year or less) which was or is subsequently taken over by

the Federal Government shall be entitled to the reemployment rights set forth in subparagraph (1) of this paragraph upon meeting the conditions therein. [Paragraph (b) amended Aug. 4, 1945, 10 F.R. 11637]

(c) Establishing proof of separation from military or naval service. When a person entitled to reemployment in the Government service after active military or naval service is restored to duty the agency concerned shall submit proof of separation from such service and Preference Form 14. In departmental cases, the proof and Preference Form 14 should be forwarded to the Preference Sub-Unit, Central Office, U. S. Civil Service Commission, Washington 25, D. C., and in field cases to the appropriate field office of the Commission. [Paragraph (c) amended Jan. 1, 1945, 10 F.R. 695]

[Preceding paragraph, in small type, superseded by following paragraph, also in small type, during period covered by this Supplement]

(c) Establishing proof of separation from military or naval service. When a person is reemployed after active military or naval service, the agency concerned shall submit proof of separation from such service and Preference Form 14 to the Civil Service Commission. [Paragraph (c) amended May 28, 1945, 10 F.R. 7153]

(d) Transfer of functions. Whenever a function, or activity is transferred from one agency to another agency or agencies, arrangements shall be made by the agencies involved and, when necessary, by the Civil Service Commission and the Bureau of the Budget, for the receiving agency or agencies to assume the reemployment obligations to those former employees who left such function or activity in order to enter the armed forces. The agency to which the reemployment obligation is transferred, together with the function, should notify the employee either through a copy of a regular journal or through a special letter that the employee's reemployment rights pertain to such agency.

Similar steps shall be taken by the head of an agency in connection with the transfer of functions or activities within his agency whenever this will assist the agency and the veteran in identifying the office having primary responsibility within the agency for his reemployment. [Paragraph (d) added Jan. 1, 1945, 10 F.R. 695]

§ 18.14 War Reemployment List. [Revoked]

CODIFICATION: § 18.14 and the procedures and policies governing the operation of the War Reemployment List were revoked, Sept. 17, 1945, 10 F.R. 11931.

18.8

Reappointment or reinstatement.
Transfer.

18.9
18.10 Release for government employment.
18.11 Extent of regulations.
18.12

Application for reemployment following reduction in force.

18.13 Restoration after return from military service.

AUTHORITY: §§ 18.1 to 18.13, inclusive, issued under 58 Stat. 387; 5 U.S.C., Sup., 851 et seq. E.O. 9063, E.O. 9243, 3 CFR Cum. Supp.; E.O. 9378, 3 CFR 1943 Supp.; Order, Chairman, War Manpower Commission, Aug. 16, 1945, 10 F.R. 10342.

SOURCE: §§ 18.1 to 18.13, inclusive, contained in Regulations, Civil Service Commission, Oct. 15, 1945, 10 F.R. 13353.

CROSS REFERENCE: For regulations with respect to restoration of eligibility for probational certification of persons who lost opportunity for probational appointment because of entry into armed forces, see Part 24 of this chapter.

§ 18.1 Examinations. (a) Examinations for original appointment will be competitive except that when sufficient competent persons do not compete, noncompetitive examinations may be authorized. Examinations for promotion, reassignment, transfer, and reappointment may be noncompetitive.

Com(b) Competitive examinations. petitive examinations for original appointment will be held at such times and places and in such manner as the needs of the service require.

(c) Reopened examinations. (1) An applicant granted ten-point preference under this part may file application at any time for any position he may specify for which there is an existing list or a list about to be established or to which any appointment has been made within the preceding three years.

(2) An applicant granted five-point prefefence under this part and whose relief from active duty or service was effected on or after December 7, 1941, may file application for examinations for which there are existing lists or lists about to be established, provided he makes application within one year of the effective date of this subparagraph, or within one year after relief from active duty or service or from hospitalization continuing after discharge for a period of not more than one year, whichever is later.

(3) Members of the armed forces who indicate that they are to be discharged or released from active service or who are in army or navy hospitals or separation centers awaiting discharge may also file application for examinations for which there are existing lists or for which lists are about to be established. Any certification of such applicants prior to the submission of proof of honorable discharge will be subject to submission of such proof prior to entrance on duty.

(4) Reopened examinations will be scheduled as the needs of the service require but in any case not less than once each month.

(d) Examinations restricted to preference applicants. In examinations for the positions of guards, elevator operators, messengers, custodians, and such other positions as the President may designate, competition shall be restricted to persons granted five- or ten-point preference under this part as long as such persons are available.

NOTE: For other examinations restricted to persons entitled to preference under the Veterans' Preference Act of 1944, see E.O. 9589 and E.O. 9662, Title 3, supra.

§ 18.2 Qualifications of applicants— (a) Citizenship. No person shall be admitted to a competitive examination unless he is a citizen of or owes allegiance to the United States. A noncitizen may be appointed through noncompetitive examination provided no citizen eligible is available and that the department or agency desiring his services has specific authority to employ noncitizens.

(b) Form of application. Application for examination must be made in such form and manner and accompanied by such certificates as the Commission may prescribe.

(c) Disqualifications. An applicant may be denied examination and an eligible may be denied appointment for any of the following reasons: (1) Dismissal from the service for delinquency or misconduct; (2) physical or mental unfitness for the position for which he applies: Provided, That, in the case of any person granted five- or ten-point preference under this part who is, in the opinion of the Commission, physically able to discharge efficiently the duties of the position for which examined or to which appointment is proposed, the Commission shall waive the physical requirements, after giving due considera

tion to the recommendation of any accredited physician, and the age, height, and weight requirements; (3) criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; (4) intentional false statements as to any material fact, or deception or fraud in securing examination or appointment; (5) refusal to furnish testimony as required by Part 14 of this chapter; (6) habitual use of intoxicating beverages to excess; (7) a reasonable doubt as to his loyalty to the Government of the United States; (8) any legal disqualification for appointment.

Any of the reasons stated in the foregoing subparagraphs from (2) through (8) inclusive, shall also be sufficient cause for removal from the service.

(d) Age limits. There will be no maximum age limits except where the appointing officer establishes to the satisfaction of the Commission that the interests of sound administration require such limits for a particular position.

A person retired under the age or optional provision of the Civil Service Retirement Act may be reemployed only in the event the appointing authority determines that he is possessed of special qualifications.

(e) Education. No minimum educational requirement will be prescribed in any examination except for such scientific, technical or professional positions the duties of which the Commission decides cannot be performed by a person who does not have such education.

NOTE: Part 25 of this chapter lists the positions for which formal education requirements have been prescribed and justifications filed.

§ 18.3 Rating and eligibility—(a) Rating. Examination papers shall be rated on a scale of 100: Provided, That, whenever positive or direct recruitment is undertaken for positions for which there is an insufficient supply of qualified persons, examination papers may be rated either "eligible" or "ineligible."

When an applicant granted five- or ten-point preference under this part is rated in examinations where experience is an element of qualifications, time spent in the military or naval service of the United States shall be considered as an extension of time spent in the position in which the applicant was employed immediately prior to his entrance into the military or naval service where such

position was similar to that for which he is filing application. In all examinations to determine the qualifications of an applicant credit shall be given for all valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether any compensation was received therefor.

(b) Preference. In examinations for appointment or reappointment five points shall be added to the earned ratings of honorably discharged ex-service men and women who have served in any branch of the armed forces of the United States during any war or in any campaign or expedition (for which a campaign badge has been authorized). The following shall have ten points added to their ratings:

(1) Honorably discharged ex-service men and women who have served in any branch of the armed forces of the United States and who have established the present existence of service-connected disability or receipt of compensation, disability retirement benefits, or pension by reason of public laws administered by the Veterans' Administration, the War Department or the Navy Department.

(2) The wives of honorably discharged service-connected disabled ex-service men as have themselves been unable to qualify for any civil service appointment.

(3) The unmarried widows of honorably discharged deceased ex-service men who had served in any branch of the armed forces of the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized).

As used in this section "honorably discharged" shall mean any separation from active duty in any branch of the armed forces under honorable conditions. A transfer to inactive status, a transfer to retired status, the acceptance of a resignation, or the issuance of a discharge will be considered as covered by the above definition if such separation was under honorable conditions.

(c) Eligible lists. The names of all competitors rated eligible will be entered on appropriate lists in accordance with their ratings; except that the names of eligibles granted five- or ten-point preference under the regulations in this part shall be entered on lists of eligibles in accordance with their respective augmented ratings, and the name of a pref

erence eligible shall be entered ahead of all others having the same rating; Provided, That except on lists of eligibles for positions in the professional and scientific services for which the basic entrance salary is over $3,000 per annum, the names of eligibles granted ten-point preference under this part shall be placed at the top of the appropriate eligible lists.

(d) Termination of eligibility. Eligibility on any list shall be terminated under the following conditions:

(1) By acceptance of appointment of other than temporary duration from such list or in accordance with the provisions of § 18.4 (h).

(2) By action of the Commission terminating the eligibility of all eligibles on such list: Provided, That this provision shall not operate to terminate the eligibility in less than one year for the following classes of persons, unless a new list is established on the basis of more exacting requirements which have been determined to be more appropriate for the position concerned: (i) Preference eligibles entered on such list as a result of reopened examinations; (ii) preference eligibles restored to the list after separation because of reduction in force or resignation; and (iii) preference eligibles entered on the list in accordance with §§ 18.7 and 18.13 (e).

(e) Restoration to registers of preference employees who have resigned. Any employee entitled to preference under this part who resigns shall, upon request, have his name reentered on the registers upon which his name formerly appeared, or any current registers which have succeeded those registers and for which the requirements are substantially the same as for the registers on which his name formerly appeared, in the order provided in paragraph (c) of this section, and shall be eligible for recertification and reappointment in accordance with the procedure provided in § 18.4: Provided, That whenever there is reasonable doubt as to the applicant's present qualifications for the position the Commission may impose further tests of fitness.

NOTE: For Executive order extending the period of eligibility on civil service registers or lists of persons who serve in the armed forces of the United States, see note to § 6.3 of this chapter, supra.

§ 18.4 Recruitment and placement— (a) Estimates of personnel needs. Each department and agency shall report to the Commission its estimated future