[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: 5CFR302.102]

[Page 139-140]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 302_EMPLOYMENT IN THE EXCEPTED SERVICE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 302.102  Method of filling positions and status of incumbent.

    (a) To the extent permitted by statute and this chapter, each 
appointment, position change, and removal in the excepted service shall 
be made in accordance with any regulations or practices that the head of 
the agency concerned finds necessary.
    (b) Except as authorized under paragraph (c) of this section, a 
person appointed to an excepted position does not acquire a competitive 
status by reason of the appointment. When an employee serving under a 
nontemporary appointment in the competitive service is selected for an 
excepted appointment, the agency must--
    (1) Inform the employee that, because the position is in the 
excepted service, it may not be filled by a competitive appointment, and 
that acceptance of the proposed appointment will take him/her out of the 
competitive service while he/she occupies the position; and
    (2) Obtain from the employee a written statement that he/she 
understands he/she is leaving the competitive service voluntarily to 
accept an appointment in the excepted service.
    (c) Upon a finding by OPM that in a particular situation the action 
will be in the interest of good administration, OPM may authorize an 
agency to make appointments to specified positions in the excepted 
service in the same manner as to positions in the competitive service. 
Persons given career-conditional or career appointments pursuant

[[Page 140]]

to a specific authorization by OPM under this paragraph may acquire a 
competitive status as provided in part 315 of this chapter.

[55 FR 9407, Mar. 14, 1990, as amended at 58 FR 58261, Nov. 1, 1993]