[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR319.401]

[Page 194-195]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 319--EMPLOYMENT IN SENIOR-LEVEL AND SCIENTIFIC AND PROFESSIONAL POSITIONS--Table of Contents
 
                 Subpart D--Recruitment and Examination
 
Sec. 319.401  Senior-level positions.


    (a) General. SL positions may be in either the competitive or 
excepted service. This section only applies to appointments in the 
competitive service from a civil service register. Reassignments, 
promotions, transfers, and reinstatements to SL positions in the 
competitive service shall be made in accordance with applicable 
statutory and regulatory provisions. Employment of SL employees in the 
excepted service is covered by 5 CFR, part 302.
    (1) Agency heads are delegated authority to recruit and examine 
applicants for SL positions in the competitive service, establish 
competitor inventories, and issue certificates of eligibility in 
conformance with the requirements of this section, other applicable 
regulations, and statute.
    (2) Agencies shall take such action as OPM may require to correct an 
action taken under delegated authority.
    (3) Delegated authority may be terminated or suspended at any time 
by OPM for reasons such as, but not limited to:
    (i) Evidence of unequal treatment of candidates; or
    (ii) Identifiable merit system abuses.
    (b) Recruitment. (1) A recruiting plan, with appropriate emphasis on 
affirmative recruitment, must be developed and followed.
    (2) Vacancy announcements must remain open for a minimum of 14 
calendar days. The closing date may not be a nonworkday.
    (3) State Job Service offices must be notified of the vacancy in 
accordance with 5 CFR 330.102. Publication in OPM's listing of Senior 
Executive Service and other executive vacancies,

[[Page 195]]

which is provided the offices, will satisfy this requirement.
    (c) Evaluation and selection. Examination and selection procedures, 
and rights of applicants, are subject to the same provisions in statute 
and regulation that govern civil service examinations and appointments 
in general.
    (d) Records. (1) Agencies must maintain records sufficient to allow 
reconstruction of the merit staffing process.
    (2) Records must be kept for 2 years after an appointment, or, if no 
appointment is made, for 2 years after the closing date of the vacancy 
announcement.