[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: 5CFR330.207]

[Page 198-199]
 
                    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. 330.207  Selection from RPL.

    (a) Options. An agency must adopt one of the selection methods in 
paragraphs (b) and (c) of this section for use in operating a single 
RPL. The agency may adopt the same method for each RPL it establishes or 
may vary the method by location, but it must adopt a written policy for 
each RPL it establishes and maintains. After a method is adopted, the 
agency uses that method in filling all positions. While an agency may 
not vary the method used by individual vacancy, it may at any time 
switch selection methods for employees enrolled on the RPL.
    (b) Retention standing order. For each vacancy to be filled, the 
agency shall place qualified individuals in group and subgroup order in 
accordance with part 351 of this chapter. In making a selection, an 
agency may not pass over an individual in group I to select from group 
II and, within a group, may not pass over an individual in a higher 
subgroup to select from a lower subgroup. Within a subgroup, an agency 
may select an individual without regard to order of retention standing. 
A person has no greater priority for the grade or position from which 
separated than any other person on the list who is qualified for the 
vacancy. An agency may make an exception to this selection order only in 
accordance with paragraph (d) of this section.
    (c)(1) Rating and ranking. For each vacancy to be filled, the agency 
rates qualified individuals according to their job experience and 
education. To do this, an agency shall develop job-related evaluation 
procedures capable of distinguishing differences in qualifications 
measured, which shall be applied in a fair and consistent manner. Based 
on these procedures, the agency shall assign qualified individuals a 
numerical score of at least 70 on a scale of 100. The agency shall grant 
5 additional points to preference eligibles under section 2108(3)(A) and 
(B) of title 5, United States Code, and 10 additional points to 
preference eligibles under

[[Page 199]]

section 2108(3) (C) through (G) of that title.
    (2) Individuals with an eligible numerical score shall be ranked in 
the following order:
    (i) Preference eligibles having a compensable service-connected 
disability of 10 percent or more in the order of their augmented 
ratings, unless the position to be filled is a professional position at 
and above the GS-9 level, or equivalent; and
    (ii) All other qualified candidates in the order of their augmented 
ratings. At each score, qualified candidates eligible for 10-point 
preference will be entered ahead of all other eligibles, and those 
eligible for 5-point preference will be entered ahead of those not 
eligible for veteran preference.
    (3) An agency must make its selection from not more than the highest 
three candidates available and may pass over a preference eligible to 
select a nonpreference eligible only as an exception under paragraph (d) 
of this section.
    (d) Exceptions. An agency may make an exception to this subpart and 
appoint an individual who is not on the RPL or has lower standing than 
others on the RPL. The exception may be granted only when necessary to 
obtain an employee for duties that cannot be taken over without undue 
interruption (as defined in Sec. 351.203 of this chapter) to the agency 
by an individual who is on the RPL or has higher standing than the one 
appointed. The agency shall notify, in writing, each individual on the 
RPL who is adversely affected by an appointment under this paragraph of 
the reasons for the exception and of the right of appeal to the Merit 
Systems Protection Board.

[53 FR 45067, Nov. 8, 1988, as amended at 60 FR 3060, Jan. 13, 1995]