$ 300.605 Other time restrictions. The time-in-grade restrictions in this subpart are in addition to the timeafter-competitive-appointment restrictions contained in Subpart E of Part 330 of this chapter. [34 FR 2649, Feb. 27, 1969] PART 301-OVERSEAS EMPLOYMENT Subpart A-[Reserved] Subpart B-Overseas Limited Appointment Sec. 301.201 Appointment of United States citizens recruited overseas. 301.202 Appointment of citizens recruited outside overseas areas. 301.203 Duration of appointment. AUTHORITY: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218, as amended by E.O. 10641, 3 CFR, 1954-1958 Comp., p. 274. SOURCE: 44 FR 54691, Sept., 21, 1979, unless otherwise noted. Subpart A-[Reserved] Subpart B-Overseas Limited Appointment § 301.201 Appointment of United States citizens recruited overseas. An agency may give an overseas limited appointment without competitive examination to a United States citizen recruited overseas, unless there is an adequate and appropriate register resulting from an examination held in the locality where the vacancy exists. § 301.202 Appointment of citizens recruited outside overseas areas. When an agency determines that unusual or emergency conditions make it infeasible to appoint from a register, it may give an overseas limited appointment to a United States citizen reIcruited in an area where an overseas limited appointment is not authorized. § 301.203 Duration of appointment. (a) An appointment under this subpart is of indefinite duration unless otherwise limited. (b) An agency may make an overseas limited term appointment for a period not in excess of 5 years when a time limitation is imposed as a part of a general program for rotating career and career-conditional employees between overseas areas and the United States after specified periods of overseas service. (c) Under conditions published by the Office of Personnel Management in the Federal Personnel Manual, an agency may make an overseas limited appointment for 1 year or less to meet administrative needs for temporary employment. An agency may extend an appointment made for a period of 1 year or less under this paragraph under conditions published by the Office of Personnel Management in the Federal Personnel Manual. § 301.204 Status and trial period. (a) An overseas limited employee does not acquire a competitive status on the basis of his or her overseas limited appointment. He or she is required to serve a trial period of 1 year when given an overseas limited appointment of indefinite duration or an overseas limited term appointment. (b) The agency may terminate an overseas limited employee at any time during the trial period. The employee is entitled to the procedures set forth in § 315.804 or § 315.805 of this chapter as appropriate. § 301.205 Requirements and restrictions. The requirements and restrictions in Subpart F of Part 300 and Part 333 of this chapter apply to appointments under this subpart. § 301.206 Within-grade increases. An employee serving under an overseas limited appointment of indefinite duration or an overseas limited term appointment in a position subject to the General Schedule, is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter. service as defined in § 212.101(a) of this chapter. With respect to restoration rights due to compensable injury and appeals therefrom, it applies to those positions covered by 5 U.S.C. 8101(1) which are not in the competitive service. (b) Positions not covered. This part does not apply to a position or appointment which by the Congress is required to be confirmed by, or made with, the advice and consent of the Senate, or to a position of policeman or fireman in the government of the District of Columbia. (c) Positions exempt from appointment procedures. In view of the circumstances and conditions surrounding employment in the following classes of positions, an agency is not required to apply the appointment procedures of this part to them, but each agency shall follow the principle of veteran preference as far as administratively feasible and, on the request of a qualified and available preference eligible, shall furnish him/her with the reasons for his/her nonselection. Also, the exemption from the appointment provisions of this part does not relieve agencies of their obligation to accord persons entitled to priority consideration (see § 302.103) their rights under 5 U.S.C. 8151: (1) Positions filled by persons appointed without pay or at a pay of $1 a year; (2) Positions outside the continental United States and outside the State of Hawaii and the Commonwealth of Puerto Rico when filled by persons resident in the locality, and positions in the State of Hawaii and the Commonwealth of Puerto Rico when paid in accordance with the prevailing wage rates; (3) Positions which the exigencies of the national defense program demand be filled immediately before lists of qualified applicants can be established or used, but appointments to these positions shall be temporary appointments not to exceed 1 year which may be renewed for 1 additional year at the discretion of the agency; (4) Positions filled by appointees serving on an irregular or occasional basis whose hours or days of work are not based on a prearranged schedule and who are paid only for the time when actually employed or for services actually performed; (5) Positions paid on a fee basis; (6) Positions included in Schedule A (see Subpart C of Part 213 of this chapter) and similar types of positions when OPM agrees with the agency that the positions should be included hereunder; (7) Positions included in Schedule C (see Subpart C of Part 213 of this chapter); (8) Student Trainee positions when filled under Schedule B (see Subpart C of Part 213 of this chapter); (9) Positions filled by noncareer executive assignment (see Subpart F of Part 305 of this chapter); and (10) Attorney positions. [33 FR 12413, Sept. 4, 1968, as amended at 43 FR 2378, Jan. 17, 1978; 44 FR 66573, Nov. 20, 1979] § 302.102 Method of filling positions and status of incumbent. (a) To the extent permitted by statute and this chapter, each appointment, position change, and removal in the excepted service shall be made in accordance with any regulations or practices that the head of the agency concerned finds necessary. (b) Except as authorized under paragraph (c) of this section, a person appointed to an excepted position does not acquire a competitive status by reason of the appointment. (c) Upon a finding by OPM that in a particular situation the action will be in the interest of good administration, OPM may authorize an agency to make appointments to specified positions in the excepted service in the same manner as to positions in the competitive service. Persons given career-conditional or career appointments pursuant to a specific authorization by OPM under this paragraph may acquire a competitive status as provided in Part 315 of this chapter. 1 year from the date compensation began. To be eligible under this part the person must apply for reappointment to his or her former agency within 30 days of the date of cessation of compensation. [43 FR 2378, Jan. 17, 1978] § 302.104 Applicability of regulations to applicants and employees. Each agency shall follow the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible or person entitled to priority consideration applies for appointment to & position covered by this part. Each agency, in its discretion, may follow these provisions in making an appointment when no preference eligible or person entitled to priority consideration applies. [40 FR 23835, June 3, 1975] § 302.105 Special agency plans. An agency having a position subject to this part may establish a system for making appointments which will result in granting to eligible persons the preference or priority consideration referred to in sections 1302(c) or 8151 of title 5, United States Code, but which does not conform to all the procedural requirements set forth in this part. However, an agency may not put such a system into effect unless it has entered into an agreement with the Office permitting establishment of such systems, or has obtained prior Office approval for the particular system to be used. § 302.202 Qualification requirements. Before making an appointment to a position covered by this part, each agency shall establish qualification standards such as those relating to experience and training, citizenship, minimum age, physical condition, etc., which shall relate to the duties to be performed. An agency may delegate the establishment of standards relating to a group of positions or a specific position to the appropriate administrative level or subdivision of the agency and that level or subdivision may amend or modify the standards in accordance with the needs of the locality in which the position is located, but the agency shall determine that each standard established is in conformity with this part. Each agency shall make its standards a matter of record in the appropriate office of the agency, and shall furnish information concerning the standards for a position to an applicant on his request. Each agency shall apply the standards for a position uniformly to all applicants, except for such waivers as are provided in this part for a preference eligible. An agency shall not include a minimum educational requirement in qualification standards, except for a scientific, technical, or professional position the duties of which the agency decides cannot be performed by a person who does not have a prescribed minimum education. An agency shall not establish a maximum age requirement for any position. Each agency shall make a part of its records the reasons for its decision under this section, and shall furnish those reasons to an applicant on his request. The qualification standards shall include: (a) A provision for waiver by the agency of requirements as to age, height, and weight for each preference eligible when the requirements are not essential to the performance of the duties of the position; and (b) A provision for waiver by the agency of physical requirements for each preference eligible when the agency, after giving due consideration to the recommendation of an accredited physician, finds that the applicant is physically able to discharge the duties of the position. [40 FR 15380, Apr. 7, 1975] § 302.203 Disqualifying factors. The qualification standards established by an agency or by an administrative level or subdivision of an agency may provide that certain reasons disqualify an applicant for appointment. The following, among others, may be included as disqualifying reasons: (a) Dismissal from employment for delinquency or misconduct; (b) Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; (c) Intentional false statement or deception or fraud in examination or appointment; (d) Habitual use of intoxicating beverages to excess; (e) Reasonable doubt as to the loyalty of the person involved to the Government of the United States; (f) Any legal or other disqualification which makes the individual unfit for the service; or (g) Lack of United States citizenship. An agency may not disqualify an applicant solely because of his retired status. Subpart C-Accepting, Rating, and Arranging Applications § 302.301 Receipt of applications. (a) Each agency shall establish definite rules regarding the acceptance of applications for employment in positions covered by this part and shall make these rules a matter of record. (b) Each agency shall apply its rules uniformly to all applicants who meet the conditions of the rules and shall furnish information concerning the rules to an applicant on his request. § 302.302 Examination of applicants. (a) Rating. An agency may provide for an evaluation of the qualifications of applicants for a position who are available under §§ 302.202, 302.203, and 302.301 at any time before appointment is made to the position. Numerical ratings shall be assigned on a scale of 100 and each applicant rated 70 or more is eligible for appointment. Numerical ratings are not required when all qualified applicants will be offered immediate appointment. When there is an excessive number of applicants (1) numerical ratings are required only for a sufficient number of the highest qualified applicants to meet the anticipated needs of the agency within a reasonable period of time, and (2) the agency shall adopt procedures to insure the consideration of all preference eligibles in the order in which they would have been considered if all applicants had been assigned numerical ratings. Each agency shall add to the earned numerical ratings of applicants who make a passing grade: (i) Five points for applicants who are preference eligibles under section 2108(3) (A) and (B) of title 5, United States Code; and (ii) Ten points for applicants who are preference eligibles under section 2108(3) (C)-(G) of that title. An agency shall furnish a notice of the rating assigned to an applicant on his request. (b) Nonpreference applicants for certain positions. An agency may not consider or rate an application for the position of elevator operator, messenger, guard, or custodian submitted by a nonpreference eligible as long as at least three qualified preference eligibles are available for the position. (c) Evalvating experience. When experience is a factor in determining eligibility, an agency shall credit a preference eligible (1) with time spent in the military service of the United States if the position for which he is applying is similar to the position he held immediately before his entrance into the military service; and (2) with all valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether pay was received therefor. § 302.303 Maintenance of employment lists. (a) Establishment. An agency shall enter the names of applicants assigned an eligible numerical rating under § 302.302(a) on either (1) the appropriate reemployment list, or (2) the appropriate regular employment list in accordance with their numerical ratings, except that the names of: (i) Preference eligibles shall be entered in accordance with their augmented ratings and ahead of others having the same rating; and (ii) Preference eligibles 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 unless the register is for professional or scientific positions in GS-9 and above and in comparable pay levels under other payfixing authorities. (b) Reemployment list. The reemployment list shall consist of the names of former employees of the agency who are to be considered for future employment, and shall, in any case, include the following: (1) The name of each former employee of the agency who (i) is a preference eligible, (ii) has been furloughed or separated without delinquency or misconduct, and (iii) applies for reemployment; and (2) The name of each former employee of the agency who is a preference eligible and who, as the result of an appeal under Part 752 of this chapter, is found by the Merit Systems Protection Board to have been unjustifiably dismissed from the agency. (3) The name of each former employee of the agency who has been furloughed or separated due to compensable injury sustained under the provisions of 5 U.S.C. Chapter 81, Subchapter I, and who is eligible for priority consideration under this part. (c) Regular employment list. (1) The regular employment list shall consist of the names of eligible applicants who have been assigned numerical ratings and whose names are not on the agency reemployment list. (2) A person entitled to priority consideration under this part is eligible for entry on an agency's regular employment list when he: (i) Has a statement from his last employing agency that he cannot be placed and (ii) Has ceased receiving compensation under 5 U.S.C. Chapter 81 no more than 1 year previously for a person formerly in tenure group II and 2 years previously for a person formerly in tenure group I. Eligibility may be terminated earlier, however, |