[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: 5CFR990.104]

[Page 603-604]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 990_GENERAL AND MISCELLANEOUS--Table of Contents
 
Subpart A_Claims and Appeals of Veterans; Recognition of Representatives
 
Sec. 990.104  Accredited representatives of service organizations.

    (a) Each recognized service organization shall file with OPM, on the 
prescribed form (OPM Form 306), the name of any officer whom it desires 
to be recognized as its accredited representative and OPM office or 
offices to which recognition is to be extended in the presentation of 
claims or appeals. In proposing a candidate for recognition as a 
representative, the organization, through its appropriate officer, shall 
certify to the following:
    (1) That the candidate is a citizen of the United States, of good 
character and reputation, is qualified by training or experience to 
assist in the presentation of claims, and is a member or employee of the 
organization.
    (2) That he is not employed in any civil or military department or 
agency of the United States, and is not a retired member of the Regular 
Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health 
Service.

[[Page 604]]

    (3) Whether the candidate is a preference eligible and, if so, that 
he was honorably discharged from active service.
    (b) A single application (OPM Form 306) shall be filed with the 
central office of OPM for recognition before (1) the central office 
only, (2) two or more regional offices, or (3) the central office and 
one or more regional offices. Application shall be filed with the 
regional office where the candidate is to serve when recognition before 
only one regional office is requested. Application Form 306 shall be 
retained by the approving office of OPM.
    (c) The central office or regional director, as the case may be, is 
responsible for determining the qualifications of a candidate of a 
service organization for recognition. Normally, the candidate of a 
service organization will be approved. However, if there is doubt as to 
the qualifications or suitability of a candidate, appropriate 
investigation may be made to resolve the doubts. If it is determined 
that the candidate is qualified, duplicate copies of a letter of notice 
to that effect shall be issued to the veterans organization concerned, 
with an Identification Card (OPM Form 308) in the candidate's name 
signed by the appropriate official in the central office or the regional 
director. One copy of the letter of approval shall be retained by the 
organization and the other forwarded to the candidate with the 
Identification Card 308 countersigned by the appropriate officer of the 
organization. When approval is made by the central office, a copy of the 
letter of approval shall be sent to each regional office before which 
recognition of the candidate is approved. When approval is made by a 
regional office, a copy of the letter of approval shall be sent to the 
central office of OPM. Each regional office shall maintain a record of 
all accredited representatives approved for recognition before that 
regional office. The central office shall maintain a record of all 
accredited representatives approved by all regional directors and the 
central office. If the regional director's determination is adverse, or 
the case is one of doubtful aspect, the entire matter may be referred to 
OPM's central office, at the regional director's option, where it will 
be handled in the same manner as a request for recognition ordinarily 
handled by the central office.
    (d) Recognition may be canceled at the request of the organization. 
The central office or regional director may cancel or suspend a 
recognition for cause. When a regional director cancels or suspends a 
recognition, a report of the facts shall be made to the central office. 
Notice of cancellation or suspension shall be supplied in the same 
manner as a notice of recognition.
    (e) Nominations for accredited representatives of national service 
organizations are acceptable only if approved by the certifying officer, 
national headquarters, of the organization.
    (f) Letters of recognition issued by the central office to national 
and field officers of recognized organizations constitute authorization 
for their recognition in claims or appeals in any regional office within 
their respective assignments. Letters of recognition issued by a 
regional director constitute authorization for the accredited 
representatives to present claims or appeals in any regional office 
within their respective assignments.
    (g) When a representative has been recognized, a card shall be 
prepared in the office which approves the recognition, showing his name, 
address, organization, and date of recognition. Copies of this card 
shall be filed in the central office of OPM, and in the regional office 
by which he is recognized or in which he is authorized to act.