[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.706]

[Page 132]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300_EMPLOYMENT (GENERAL)--Table of Contents
 
 Subpart G_Statutory Bar to Appointment of Persons Who Fail to Register 
                       Under Selective Service Law
 
Sec. 300.706  Office of Personnel Management adjudication.

    (a) OPM will determine whether failure to register was knowing and 
willful when an individual has requested a decision and presented a 
written explanation, as described in Sec. 300.705. The Associate 
Director for Career Entry or his or her designee will make the 
determination based on the written explanation provided by the 
individual. The burden of proof will be on the individual to show by a 
preponderance of the evidence that failure to register was neither 
knowing nor willful.
    (b) OPM may consult with the Selective Service System in making 
determinations.
    (c) The Associate Director for Career Entry or his or her designee 
will notify the individual and the agency in writing of the 
determination. The determination is final unless reconsidered at the 
discretion of the Associate Director. There is no further right to 
administrative review.
    (d) The Director of OPM may reopen and reconsider a determination.
    (e) The Director of OPM may, at his or her discretion, delegate to 
an executive agency the authority to make initial determinations. 
However, OPM may review any initial determination and make a final 
adjudication in any case. If a delegation is made under this paragraph, 
the notice in Sec. 300.705(d)(1) will state that the individual may 
submit a written request that OPM review the agency's initial 
determination. The agency will forward to OPM copies of all documents 
relating to the individual's failure to register, including the 
individual's request for review and his explanation of his failure to 
register.