[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR213.102]

[Page 66-67]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 213_EXCEPTED SERVICE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 213.102  Identification of positions in Schedule A, B, or C.

    (a) The Office of Personnel Management will decide whether the 
duties and requirements of any particular position justify exception 
from the competitive service. Upon favorable determination, OPM will 
authorize the position to be filled by excepted appointment under 
Schedule A, B, or C. Unless

[[Page 67]]

otherwise specified in a particular appointing authority, an agency may 
make Schedule A, B, or C appointments on either a permanent or 
nonpermanent basis, with any appropriate work schedule (i.e., full-time, 
part-time, seasonal, on-call, or intermittent).
    (b) When OPM establishes eligibility requirements (e.g., residence, 
family income) for appointment under particular Schedule A or B 
exceptions, an individual's eligibility for appointment must be 
determined before appointment and without regard to any conditions that 
will result from the appointment.

[59 FR 46897, Sept. 13, 1994]