An agency may effect the following personnel actions as exceptions to § 330.210:
(a) Fill a vacancy with an employee of the agency's current permanent competitive service workforce through detail or position change, subject to the requirements of subpart F of this part;
(b) Appoint a 10-point preference eligible through an appropriate appointing authority;
(c) Appoint a current or former employee exercising restoration rights under part 353 of this chapter based on return from military service or recovery from a compensable injury or disability within 1 year;
(d) Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
(e) Fill a specific position when all RPL placement priority candidates decline an offer of the position or fail to respond to a written agency inquiry about their availability;
(f) Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
(1) A Veterans Recruitment Appointment under part 307 of this chapter;
(2) An appointment under 5 U.S.C. 3112 and part 316 of this chapter of a veteran with a compensable service-connected disability of 30 percent or more; and
(3) An excepted service appointment under part 213 of this chapter;
(g) Reappoint without a break in service to the same position currently held by an employee serving under a temporary appointment of 1 year or less (only to another temporary appointment not to exceed 1 year or less);
(h) Extend an employee's temporary or term appointment up to the maximum permitted by the appointment authority or as authorized by OPM; or
(i) Appoint an individual under an excepted service appointing authority.
[75 FR 67593, Nov. 3, 2010, as amended at 77 FR 28215, May 11, 2012]
authority: 5 U.S.C. 1104,
1302,
3301,
3302,
3304,
and; E.O. 10577, 3 CFR, 1954-58 Comp., p. 218; Section 330.103 also issued under
5 U.S.C. 3327; Subpart B also issued under
5 U.S.C. 3315 and 8151; Section 330.401 also issued under
5 U.S.C. 3310; Subparts F and G also issued under Presidential Memorandum on Career Transition Assistance for Federal Employees, September 12, 1995; Subpart G also issued under
5 U.S.C. 8337(h) and 8456(b). § 330.1301 also issued under
5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1)
source: 75 FR 67593, Nov. 3, 2010, unless otherwise noted.
cite as: 5 CFR 330.211