This subpart is directed to implementation of the policy that competitive employment practices:

(a) Be practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of candidates for the jobs to be filled;

(b) Result in selection from among the best qualified candidates;

(c) Be developed and used without discrimination because of race, color, religion, sex, national origin, partisan political affiliation, or other nonmerit grounds; and

(d) Insure to the candidate opportunity for appeal or administrative review, as appropriate.

(a) Job analysis. Each employment practice of the Federal Government generally, and of individual agencies, shall be based on a job analysis to identify:

(1) The basic duties and responsibilities;

(2) The knowledge, skills, and abilities required to perform the duties and responsibilities; and

(3) The factors that are important in evaluating candidates. The job analysis may cover a single position or group of positions, or an occupation or group of occupations, having common characteristics.

(b) Relevance. (1) There shall be a rational relationship between performance in the position to be filled (or in the target position in the case of an entry position) and the employment practice used. The demonstration of rational relationship shall include a showing that the employment practice was professionally developed. A minimum educational requirement may not be estab

lished except as authorized under section 3308 of title 5, United States Code.

(2) In the case of an entry position the required relevance may be based on the target position when

(i) The entry position is a training position or the first of a progressive series of established training and development positions leading to a target position at a higher level; and

(ii) New employees, within a reasonable period of time and in the great majority of cases, can expect to progress to a target position at a higher level.

(c) Equal employment opportunity. An employment practice shall not discriminate on the basis of race, color, religion, sex, national origin, partisan political affiliation, or other nonmerit factor. This requirement is generally met when an employment practice is relevant to performance in the position to be filled (or in the target position in the case of an entry position).

§ 300.104 Appeals, grievances, and complaints.

Α

(a) Employment practices. (1) candidate who believes that an employment practice which was applied to him and which is administered or required by the Commission violates a basic requirement in § 300.103 is entitled to appeal to the Commission.

(2) An appeal shall be in writing, shall set forth the basis for the candidate's belief that a violation occurred, and shall be filed with the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415, no later than 15 days from the date the employment practice was applied to the candidate or the date he became aware of the results of the application of the employment practice. The board may extend the time limit in this subparagraph for good cause shown by the candidate.

(3) An appeal shall be processed in accordance with Subpart D of Part 772 of this chapter.

(b) Examination ratings. A candidate may file an appeal with the Commission from his examination rating or the rejection of his application. The appeal shall be filed and processed in accordance with instructions in Chapter 337 of the Federal Personnel Manual.

(c) Complaints and grievances to an agency. (1) A candidate may file a complaint with an agency when he believes that an employment practice which was applied to him and which is administered

or required by the agency discriminates against him on the basis of race, color, religion, sex, or national origin. The complaint shall be filed and processed in accordance with Subpart B of Part 713 of this chapter.

(2) Except as provided in subparagraph (1) of this paragraph, an employee may file a grievance with an agency when he believes that an employment practice which was applied to him and which is administered or required by the agency violates a basic requirement in § 300.103. The grievance shall be filed and processed under the agency grievance system, or a negotiated grievance system, established in accordance with Subpart C of Part 771 of this chapter.

Subpart B-[Reserved]

Subpart C-Commission Approval in Filling Positions in GS-16 and Above

(2) Transfer to a higher grade; or

(3) Any type of appointment under this chapter (including reemployment and reinstatement) made within 1 year after separation from a nontemporary appointment.

(b) This subpart does not apply:

(1) When the position from which the advancement is made is outside the competitive service and in the legislative or judicial branch; or

(2) When the position from which the advancement is made is not subject to the General Schedule unless the employee advanced held a position of this type within the preceding year.

[37 F.R. 11965, June 16, 1972]

§ 300.602 Restrictions.

(a) Advancement to positions at GS12 or above. An agency may advance an employee to a position at GS-12 or above only after he has served 1 year at the next lower grade.

(b) Advancement to positions at GS-6 through GS-11. An agency may advance an employee to a position at GS-6 through GS-11 only after he has served:

(1) One year in a position two grades lower, when the position to which he is advanced is in a line of work properly classified at two-grade intervals; or

(2) One year at the next lower grade, when the position to which he is ad

vanced is in a line of work properly classified at one-grade intervals.

(c) Advancement to positions at GS-5 or below. An agency may advance an employee to a position at GS-5 or below which is not more than two grades above the lowest grade he held within the preceding year under a nontemporary appointment.

§ 300.603 Exceptions to restrictions.

(a) Section 300.602 does not prevent the advancement of an employee when: (1) The advancement is in accordance with a training agreement which has been approved by the Commission; however, an agency may not make promotions of more than two grades in 1 year solely on the basis of a training agreement or series of training agreements;

(2) The advancement is to any grade or level up to that from which the employee has ever been demoted or separated by any agency because of a reduction in force;

(3) The employee is within reach on a register for competitive appointment to the position to be filled; or

(4) The Commission, on request of the head of the agency, authorizes the advancement to avoid undue hardship or inequity, in an individual case of meritorious nature.

(b) Section 300.602 (a) and (b) does not prevent the advancement of an employee who has 1 year of service in a position two grades lower than the position to be filled if there is no position in the normal line of promotion that is one grade lower than the position to be filled.

(c) Section 300.602 (c) does not prevent the advancement of an employee to a position at GS-5 or below which he held previously or to which he could have been advanced previously under that paragraph.

§ 300.604 Periods of creditable service. (a) Except as provided in § 330.502 of this chapter, the periods of service required by §§ 300.6002 (a) and (b) and 300.603(b) include all service at the appropriate or higher grade or level in positions in the Federal or District of Columbia civilian service regardless of whether or not the positions were subject to the General Schedule.

(b) Except as provided in § 330.502 of this chapter, when two periods of service in positions subject to the General Schedule are interrupted for less than

1 year by service in a position not subject to the General Schedule, the latter service is counted as a continuation of the prior service in the position subject to the General Schedule.

(c) Except as provided in paragraph (b) of this section, and in § 330.502 of this chapter, service in a position not subject to the General Schedule is counted at the equivalent General Schedule grade in effect when the service was performed. The equivalent General Schedule grade is determined by comparing the representative rate of the position, as defined in Part 351 of this chapter, with the representative rates of positions under the General Schedule. The highest General Schedule grade whose representative rate does not exceed the representative rate of the position by more than one withingrade increase is the equivalent General Schedule grade.

[34 F.R. 2649, Feb. 27, 1969] § 300.605

Other time restrictions.

The time-in-grade restrictions in this subpart are in addition to the time-aftercompetitive-appointment restrictions contained in Subpart E of Part 330 of this chapter.

[34 F.R. 2649, Feb. 27, 1969]

Subpart G-[Reserved]

Subpart H-[Reserved]

Subpart -[Reserved]

PART 301-OVERSEAS EMPLOYMENT Subpart A-[Reserved]

Subpart B-Overseas Limited Appointment

Sec. 301.201 301.202

Authorizations of appointment. Appointment of United States citizens recruited overseas.

301.203 Appointment of citizens recruited outside overseas areas. 301.204 Duration of appointment. 301.205 Status and trial period. 301.206 Requirements and restrictions. 301.207 Within-grade increases.

AUTHORITY: The provisions of this Part 301 issued under 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: The provisions of this Part 301 appear at 33 F.R. 12413, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved]

§ 301.202

Appointment of United States

citizens recruited overseas.

Subject to prior agreement between an agency and the Commission, the agency may give an overseas limited appointment 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.

§ 301.203 Appointment of citizens recruited outside overseas areas.

When the Commission determines that unusual or emergency conditions make it infeasible to appoint from a register, it may authorize an agency to give an overseas limited appointment to a United States citizen recruited in an area where an overseas limited appointment is not authorized.

§ 301.204 Duration of appointment.

(a) An appointment under this subpart is of indefinite duration unless otherwise limited.

(b) An agency may make 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 Commission in the Federal Personnel Manual, an agency may make 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 Commission in the Federal Personnel Manual.

§ 301.205 Status and trial period.

(a) An overseas limited employee does not acquire a competitive status on the basis of his overseas limited appointment. He is required to serve a trial pe

302.202 Qualification requirements. 302.203 Disqualifying factors.

Subpart C-Accepting, Rating, and Arranging Applications

302.301 Receipt of applications. 302.302 Examination of applicants. 302.303 Maintenance of employment lists. 302.304 Arrangement of ratings.

Subpart D-Selection and Appointment; Reappointment; and Qualifications for Promotion 302.401 Selection and appointment. 302.402 Reappointment. 302.403 Qualifications for promotion.

AUTHORITY: The provisions of this Part 302 issued under 5 U.S.C. 1302, 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted.

SOURCE: The provisions of this Part 302 appear at 33 F.R. 12413, Sept. 4, 1968, unless otherwise noted.

(a) Positions covered. This part applies to each position in the executive branch of the Federal Government and in the government of the District of Columbia which is not in the competitive service as defined in § 212.101 (a) of this chapter.

(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 principles of veteran preference as far as administratively feasible and, on request of a qualified and available preference eligible, shall furnish him with the reasons for his nonselection:

(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 similiar types of positions when the Commission 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); and

(9) Positions filled by noncareer executive assignment (see Subpart F of Part 305 of this chapter).

§ 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 the Commission that in a particular situation the action will be in the interest of good administration, the Commission 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 the Commission under this paragraph may acquire a competitive status as provided in Part 315 of this chapter. § 302.103 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 applies for appointment to a position covered by this part. Each agency, in its discretion, may follow these provisions in making an appointment when no preference eligible applies.

§ 302.104 Special agency plans.

An agency having a position subject to this part may submit to the Commission a system for making appointments which will result in granting to a person the preference referred to in section 1302(c) of title 5, United States Code, but which does not conform to all the procedural requirements set forth in this