[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR21.46]



[Page 80]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 21_COMMISSIONED OFFICERS--Table of Contents

 

                          Subpart B_Appointment

 

Sec. 21.46  Merit roll.



    Each board appointed pursuant to Sec. 21.30 to consider the 

qualifications of candidates for appointment as officers shall assign a 

numerical rating to each candidate for appointment in the Regular Corps 

who passes the examination, and shall submit a report to the Surgeon 

General of the ratings and the relative standing of all such candidates 

for each grade in each profession or specialty within a profession. The 

Surgeon General shall submit each such report with his recommendations 

to the Secretary, and, if approved by the Secretary, the report shall 

constitute a merit roll from which the Secretary shall, in accordance 

with relative standing, recommend available persons to the President for 

nomination as commissioned officers of the Regular Corps. A board may 

consider any newly discovered evidence relating to the physical, 

professional, or personal qualifications of any candidate examined for 

appointment. Upon recommendation of such board after review of such 

evidence, the Surgeon General, with the approval of the Secretary, may 

correct the rating of a candidate or may qualify or disqualify a 

candidate. The placing of a candidate's name on a merit roll shall give 

no assurance of an appointment. A merit roll shall expire when a new 

merit roll in the same profession or specialty within a profession and 

grade has been established, but no merit roll shall continue in effect 

longer than two years after its approval by the Secretary. Every 

candidate who has not been nominated by the President for appointment 

prior to the expiration of a merit roll on which his name appears, 

shall, unless he requests the opportunity to be reexamined, be rated 

with the next group of candidates of the same profession or specialty 

within a profession for appointment in the same grade and shall be given 

the same rating he had on the expired merit roll. If two candidates who 

were examined at the same time receive the same numerical rating the 

elder candidate shall assume relative standing on the merit roll over 

the younger candidate. If a candidate whose name is being transferred 

from an expired to a new merit roll has the same numerical rating as a 

candidate whose name is being placed on the new merit roll for the first 

time, the former shall assume relative standing on the merit roll over 

the latter. The name of a candidate may be removed from a merit roll in 

the event that he refuses an appointment when offered. No candidate's 

eligibility for appointment shall exceed two years unless he again 

becomes eligible as the result of another examination.



[21 FR 9806, Dec. 12, 1956, as amended at 24 FR 1790, Mar. 12, 1959]