[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: 5CFR330.205]

[Page 196-197]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 330_RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)--Table of 
Contents
 
               Subpart B_Reemployment Priority List (RPL)
 
Sec. 330.205  Employment restrictions.

    (a) The restrictions in paragraph (b) of this section apply to the 
filling of all competitive service vacancies, regardless of whether an 
agency plans to

[[Page 197]]

make a temporary, term, or permanent appointment. This means an agency 
must consider RPL registrants for nonpermanent as well as permanent 
positions when they have indicated such interest on their RPL 
application.
    (b) When a qualified individual is available on an agency's RPL, the 
agency may not make a final commitment to an individual not on the RPL 
to fill a permanent or temporary competitive service position by:
    (1) A new appointment, unless the individual appointed is a 
qualified 10-point preference eligible; or
    (2) Transfer or reemployment, unless the individual appointed is a 
preference eligible, is exercising restoration rights under part 353 of 
this chapter based on return from military service or recovery from a 
compensable injury or disability within 1 year, or is exercising other 
statutory or regulatory reemployment rights.
    (c) Paragraph (b) of this section does not apply to actions 
involving employees on an agency's rolls, as authorized in paragraphs 
(c) (1), (2), and (3) of this section, or in filling a specific 
position:
    (1) When all qualified individuals on the RPL decline an offer of a 
specific position or fail to respond to an official agency inquiry about 
their availability for it; or
    (2) By a current, qualified employee of the agency through:
    (i) Detail or position change (promotion, demotion, reassignment); 
or
    (ii) Conversion to competitive appointment of employees currently 
serving under appointments that carry a noncompetitive conversion 
eligibility (e.g., Veterans Readjustment Appointee, 30 percent disabled 
veterans, disabled employees under Schedule A appointment, Presidential 
Management Interns, cooperative education students under Schedule B 
appointment, and TAPERS); or
    (iii) Reappointment without a break in service to the same position 
currently held by an employee serving under a temporary appointment of 1 
year or less (only to another temporary appointment not to exceed 1 year 
or less and not to a permanent appointment); or
    (iv) Extension of an employee's temporary appointment up to the 
maximum permitted by the appointment authority or as authorized by OPM.
    (3) By a 30-day special needs appointment or 700 hour temporary 
appointment of a severely disabled or mentally restored individual, when 
the agency's staffing policies provide for these exceptions.
    (d) An agency must clear the RPL at the grade level at which it 
fills a position (regardless of the full performance level). Similarly, 
if an agency advertises a position at multiple grade levels, it must 
clear the RPL only at the grade level at which the position is 
ultimately filled.
    (e) Once an agency has cleared its RPL and made a final employment 
commitment to an individual, the later registration of another employee 
on the RPL does not prevent the fulfillment of the original commitment, 
regardless of when the individual actually enters on duty.
    (f) An agency may make an exception to this section and appoint an 
individual not on the RPL as authorized by Sec. 330.207(d).
    (g) When submitting a request for referral of eligibles, an agency 
is required to indicate that no qualified RPL registrant is available 
for the vacancy and therefore the agency may make a new appointment. 
Similarly, an agency must clear its RPL before making appointments under 
a direct-hire authority, which includes the Outstanding Scholar 
provision, or delegated examining authority.

[60 FR 3059, Jan. 13, 1995]