[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: 5CFR317.702]

[Page 189-190]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 317_EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE--
Table of Contents
 
            Subpart G_SES Career Appointment by Reinstatement
 
Sec. 317.702  General reinstatement: SES career appointees.

    (a) Eligibility for general reinstatement. A former SES career 
appointee who meets the following conditions is eligible for 
reinstatement under this section:
    (1) The individual completed an SES probationary period under a 
previous SES career appointment or was exempted from that requirement; 
and
    (2) The individual's separation from his or her last SES career 
appointment was not a removal under subpart C of part 359 of this 
chapter for failure to be recertified as a senior executive; or a 
removal under subpart E of part 359 of this chapter for less than fully 
successful executive performance; or under 5 U.S.C. 1207 by order of the 
Merit Systems Protection Board as a result of a disciplinary action 
initiated by the Special Counsel under 5 U.S.C. 1206; or under 5 U.S.C. 
7532 (National Security); or under subpart F of part 752 of this chapter 
for misconduct, neglect of duty, or malfeasance; or a resignation after 
receipt of a notice proposing or directing removal under any of the 
above conditions. Removal for failure to accept a directed reassignment 
to another commuting area, or to accompany a position in a transfer of 
function to another commuting area, does not preclude reinstatement to 
the SES

[[Page 190]]

unless the appointment to the original position included acceptance of a 
written nationwide mobility agreement or policy.
    (b) Applying for reinstatement; time limit. Application for 
reinstatement under this section shall be made directly to the agency in 
which SES employment is sought. There is no time limit for reinstatement 
under this section.
    (c) Qualifications. The individual must meet the qualification 
requirements of the position to which reinstated. The agency makes this 
determination.
    (d) Tenure upon reinstatement. An individual who is reinstated under 
Sec. 317.702 becomes an SES career appointee.

[54 FR 9759, Mar. 8, 1989, as amended at 56 FR 172, Jan. 3, 1991]