[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.202]

[Page 23-24]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 731--SUITABILITY--Table of Contents
 
                  Subpart B--Suitability Determinations
 
Sec. 731.202  Criteria.

    (a) General. In determining whether its action will promote the 
efficiency of the service, OPM or an agency to which OPM has delegated 
authority under Sec. 731.103 of this chapter, shall make its 
determination on the basis of:
    (1) Whether the conduct of the individual may reasonably be expected 
to interfere with, or prevent, efficient service in the position applied 
for or employed in; or
    (2) Whether the conduct of the individual may reasonably be expected 
to interfere with, or prevent, effective accomplishment by the employing 
agency of its duties or responsibilities; or
    (3) Whether a statutory or regulatory bar prevents the lawful 
employment of the individual in the position in question.

[[Page 24]]

    (b) Specific factors. When making a determination under paragraph 
(a) of this section, any of the following reasons may be considered a 
basis for finding an individual unsuitable:
    (1) Misconduct or negligence in prior employment which would have a 
bearing on efficient service in the position in question, or would 
interfere with or prevent effective accomplishment by the employing 
agency of its duties and responsibilities;
    (2) Criminal or dishonest conduct related to the duties to be 
assigned to the applicant or appointee, or to that person's service in 
the position or the service of other employees;
    (3) Intentional false statement or deception or fraud in examination 
or appointment;
    (4) Refusal to furnish testimony as required by Sec. 5.4 of this 
chapter;
    (5) Alcohol abuse of a nature and duration which suggests that the 
applicant or appointee would be prevented from performing the duties of 
the position in question, or would constitute a direct threat to the 
property or safety of others;
    (6) Illegal use of narcotics, drugs, or other controlled substances, 
without evidence of substantial rehabilitation;
    (7) Knowing and willful engagement in acts or activities designed to 
overthrow the U.S. Government by force;
    (8) Any statutory or regulatory bar which prevents the lawful 
employment of the person involved in the position in question.
    (c) Additional considerations. In making a determination under 
paragraphs (a) and (b) of this section, OPM and agencies shall consider 
the following additional factors to the extent that they deem these 
factors pertinent to the individual case:
    (1) The kind of position for which the person is applying or in 
which the person is employed, including the degree of public trust or 
risk in the position;
    (2) The nature and seriousness of the conduct;
    (3) The circumstances surrounding the conduct;
    (4) The recency of the conduct;
    (5) The age of the person involved at the time of the conduct;
    (6) Contributing societal conditions;
    (7) The absence or presence of rehabilitation or efforts toward 
rehabilitation.