[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: 5CFR333.203]

[Page 224]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 333--RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM APPOINTMENTS OUTSIDE THE REGISTER--Table of Contents
 
                Subpart B--Consideration for Appointment
 
Sec. 333.203  Passing over a preference eligible.

    (a) Preference eligibles with compensable service-connected 
disabilities of 30 percent or more. When an agency making an appointment 
passes over the name of a preference eligible who is entitled to prior 
consideration under paragraph (b) of Sec. 333.201 or under paragraph (a) 
of Sec. 333.202 and who has a compensable service-connected disability 
of 30 percent or more and proposes to select a nonpreference eligible, 
the agency must--
    (1) Submit its reasons for so doing to the OPM office with examining 
jurisdiction over the position;
    (2) Notify the preference eligible of the proposed passover, the 
reasons for it, and his or her right to respond to OPM within 15 days 
after the date of notification; and
    (3) Obtain OPM's approval for the proposed passover before selecting 
the nonpreference eligible.
    (b) Other preference eligibles. When an agency making an appointment 
passes over the name of a preference eligible other than one described 
in paragraph (a) of this section who is entitled to prior consideration 
under paragraph (b) of Sec. 333.201 or under paragraph (a) of 
Sec. 333.202 and selects a nonpreference eligible, it must record its 
reasons for so doing and must furnish a copy of those reasons to the 
preference eligible and to his or her representative on request.
    (c) Discontinuing consideration. An agency may discontinue 
consideration of a preference eligible for a position if, on three 
occasions, the agency has considered the candidate for the position and 
has either--
    (1) Obtained OPM's approval to pass over his or her name and select 
a nonpreference eligible in accordance with paragraph (a) of this 
section; or
    (2) Passed over his or her name and recorded its reasons for so 
doing as provided in paragraph (b) of this section.

[56 FR 64470, Dec. 10, 1991]