253.41—Selection from certificates.
Selections from certificates are made by application of either the rule of three or the rule of ten.
(a) Rule of three.
When selecting from a certificate of eligibles, an appointing official shall, with sole reference to merit and fitness, make the selection for the first vacancy from the highest three eligibles available for appointment on the certificate. For the second vacancy, the selecting official must make selection from the three highest eligibles remaining on the certificate. Each succeeding vacancy must be filled in like manner subject to the rules in § 253.40. The rule of three applies to selections involving:
(1)
All United States Wage Base positions except those of apprentice, floating equipment trainees at the grade FE-5 and FE-7 levels and marine engineer trainees at the grade ME-7 level; and
(b) Rule of ten.
When selecting from a certificate of eligibles, an appointing official shall, with sole reference to merit and fitness, make the selection for the first vacancy from the highest ten eligibles available for appointment on the certificate. For the second vacancy, the selecting official must make selection from the ten highest eligibles remaining on the certificate. Each succeeding vacancy must be filled in like manner subject to the rules in § 253.40. The rule of ten applies to selections involving:
(1)
All Canal Area Wage Base positions filled from pre-rated inventories which includes the positions of firefighter and firefighter trainee, and
(2)
United States Wage Base positions of apprentice, floating equipment trainees at the grade FE-5 and FE-7 levels and marine engineer trainees at the grade ME-7 level.
The rule of ten shall not be applied in any situation where a United States applicant is among the top three candidates available.
(1)
Who has been considered for three or ten separate appointments, as applicable, from the same or different certificates for the same position, or
(2)
To whose certification for the particular position the officer makes an objection that is sustained by the CEO for any of the reasons stated in § 253.34 or for other reasons considered by the CEO to be disqualifying for the particular position. The length of a non-Panamanian candidate's previous service or residence in foreign areas may be a valid qualification and selection factor in filling positions in an agency having an established policy for periodic rotation of non-Panamanian citizens.
(d)
When an appointing officer passes over a veteran-preference eligible and tentatively selects a non-preference eligible, the provisions of 5 CFR 332.406 apply except that the CEO shall exercise the authority vested in the Office of Personnel Management.