[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.705]

[Page 135-136]
 
                    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. 300.705  Agency action following statement.

    (a) Agencies must resolve conflicts of information and other 
questions concerning an individual's registration status prior to 
appointment. An agency may verify, at its discretion, an individual's 
registration status by requesting the individual to provide proof of 
registration or exemption issued by the Selective Service System and/or 
by contacting the Selective Service System at 888-655-1825.
    (b) An agency may continue regular pre-employment consideration of 
individuals whose statements show they have registered or are exempt.
    (c) An agency will take the following actions when a covered 
individual who is required to register has not done so, and is under age 
26:
    (1) Advise him to register promptly and, if he wishes further 
consideration, to submit a new statement immediately to the agency once 
he has registered. The agency will set a time limit for submitting the 
statement.
    (2) Provide written notice to an individual who still does not 
register after being informed of the above requirements that he is 
ineligible for appointment according to 5 U.S.C. 3328 and will be given 
no further employment consideration.
    (d) An agency will take the following actions when a covered 
individual who is age 26 or over, was required to register, and has not 
done so:
    (1) Provide written notice to the individual that, in accordance 
with 5 U.S.C. 3328, he is ineligible for appointment unless his failure 
to register was neither knowing nor willful, and that OPM will decide 
whether his failure to register was knowing and willful if he

[[Page 136]]

submits a written request for such decision and an explanation of his 
failure to register.
    (2) Submit the individual's application, the statement described in 
Sec. 300.704(b), a copy of the written notice, his request for a 
decision and explanation of his failure to register, and any other 
papers pertinent to his registration status for determination to--
Registration Review, Staffing Operations Division, Career Entry Group, 
room 6A12, U.S. Office of Personnel Management, 1900 E Street, NW., 
Washington, DC 20415.
    (3) An agency is not required to keep a vacancy open for an 
individual who seeks an OPM determination.
    (e) Individuals described in paragraph (c) of this section who do 
not submit a statement of registration or exemption are not eligible for 
employment consideration. Individuals described in paragraph (d) of this 
section are not eligible for employment consideration unless OPM finds 
that failure to register was neither knowing nor willful. Agencies are 
not required to follow the objections-to-eligibles procedures described 
in Sec. 332.406 concerning such individuals who were certified or 
otherwise referred by an OPM examining office or other office delegated 
examining authority by OPM. Instead, an agency will provide, for 
information as part of its certification report to that office, a copy 
of its written notice to the individual.

[52 FR 7400, Mar. 11, 1987, as amended at 64 FR 28713, May 27, 1999]