[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR731.104]

[Page 24-25]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 731_SUITABILITY--Table of Contents
 
                             Subpart A_Scope
 
Sec. 731.104  Appointments subject to investigation.

    (a) To establish a person's suitability for employment, appointments 
to positions in the competitive service require the person to undergo an 
investigation by OPM or by an agency with delegated authority from OPM 
to conduct investigations. Certain appointments do not require 
investigation. Except when required because of risk level changes, a 
person in the competitive service who has undergone a suitability 
investigation need not undergo another one simply because the person has 
been:
    (1) Promoted;
    (2) Demoted;
    (3) Reassigned;
    (4) Converted from career-conditional to career tenure;
    (5) Appointed or converted to an appointment if the person has been 
serving continuously with the agency for at least 1 year in one or more 
positions under an appointment subject to investigation; and
    (6) Transferred, provided the individual has served continuously for 
at least 1 year in a position subject to investigation.

[[Page 25]]

    (b)(1) OPM or an agency with delegated suitability authority may 
investigate and take a suitability action against an applicant, 
appointee, or employee in accordance with Sec. 731.105. There is no 
time limit on the authority of OPM or an agency with delegated 
suitability authority to conduct an investigation of an applicant who 
has been appointed to a position.
    (2) An employee does not have to serve a new probationary or trial 
period merely because his or her appointment is subject to investigation 
under this section. An employee's probationary or trial period is not 
extended because his or her appointment is subject to investigation 
under this section.
    (3) The subject to investigation condition also does not eliminate 
the need to conduct investigations required under Sec. 731.106 for 
public trust positions.