CFR > Title 5 - Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS (parts 110 to 990) > PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) > SUBPART G—Interagency Career Transition Assistance Plan for Displaced Employees (§330.701 to §330.711) > 330.705—Order of selection in filling vacancies from outside the agency's workforce.

330.705—Order of selection in filling vacancies from outside the agency's workforce.

(a) Except as provided in paragraph (c) of this section, when filling a vacancy from outside the agency's workforce an agency must select:
(1) Current or former agency employees eligible under the agency's Reemployment Priority List described in subpart B of this part, then;
(2) At the agency's option, any other former employee displaced from the agency (under appropriate selection procedures), then;
(3) Any of the following three conditions:
(i) Current or former Federal employees displaced from other agencies under this subpart;
(ii) Current or former employees displaced from the District of Columbia Department of Corrections eligible under subpart K of this part, or
(iii) Displaced Panama Canal Zone employees eligible under subpart L of this part.
(4) Any other candidate (under appropriate selection procedures) (optional).
(b) The following actions are subject to the above order of selection and are covered under this subpart:
(1) Competitive appointments (e.g., from registers or delegated examining);
(2) Noncompetitive appointments to the competitive service (e.g., the types listed in part 315, subpart F of this chapter, as well as Outstanding Scholar and Bilingual/Bicultural appointments made under the authority of the Luevano consent decree);
(3) Movement between agencies (e.g., transfer), except as provided for in paragraph (c)(8) of this section or part 351 of this chapter ;
(4) Reinstatements (except as provided for in paragraph (a)(2) of this section); and
(5) Time-limited competitive appointments of 121 days or more, including all extensions, except as provided in (c)(11) of this section.
(c) The following actions are not covered under this subpart:
(1) Selections from an agency's internal Career Transition Assistance Plan or Reemployment Priority List as described in subparts F and B of this part respectively or any other internal agency movement of current agency employees;
(2) Appointments of 10 point veteran preference eligibles (CP, CPS, and XP), if reached through an appropriate appointing authority;
(3) Reemployment of former agency employees who have regulatory or statutory reemployment rights, including the reemployment of injured workers who have either been restored to earning capacity by the Office of Workers' Compensation Programs (OWCP), or who have received a notice that their compensation benefits will cease because of recovery from the disabling injury or illness;
(4) Temporary appointments of under 121 days (including all extensions);
(5) An action taken under part 351 of this chapter ;
(6) The filling of a position by an excepted appointment;
(7) Conversion of an employee of the same agency who is serving on an excepted appointment that confers eligibility for noncompetitive appointment into the competitive service, e.g., conversion of a veterans' recruitment appointee to a career conditional appointment under § 315.705 of this chapter ;
(8) Noncompetitive movement of employees between agencies as a result of interagency reorganization, interagency transfer of function, or interagency mass transfer;
(9) The reemployment of a former agency employee who retired under a formal trial retirement and reemployment program, and who seeks reemployment with that agency under the program's provisions, and within the program's applicable time limits;
(10) An action taken by the agency head or his or her designee pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
(11) Extensions of temporary or term actions, up to the full period allowed, provided that the original action, upon which the extension is based, was made on or before February 29, 1996 (the effective date of the interim regulations); or for actions initially made after February 29, 1996, the original vacancy announcement must have specified that the position was open to ICTAP candidates, and that if they were found well-qualified, would be afforded selection priority. The original announcement must have stated that an extension was possible without further announcement. This exception includes extensions granted by OPM to the 2 or 4 year limit allowed for temporary and term appointments, respectively;
(12) The reappointment of former employees with their agency into hard-to-fill positions, the duties of which require unique skills and experience necessary to conduct a formal skills-based training program for the agency;
(13) The retention of individuals whose positions are brought into the competitive service under § 316.701 or § 316.702 of this chapter and subsequent conversion, when applicable, under § 315.701 of this chapter ;
(14) The retention of an employee for whom OPM has approved a rule 5.1 variation;
(15) The placement of a member of the Senior Executive Service under 5 U.S.C. 3594; and
(16) Assignments made under the Intergovernmental Personnel Act (IPA) as provided in part 334 of this chapter.
(17) Interagency details;
(18) Exchange of employees between agencies to avoid involuntary separations, under plans approved by OPM (i.e., interagency job swaps); and
(19) Transfer or reinstatement of an individual who meets the eligibility requirements of § 330.704 to a position having promotion potential no greater than the potential of a position the individual currently holds or previously held on a permanent basis in the competitive service and did not lose because of performance or conduct reasons.
(20) The voluntary transfer of employees from one agency to another under a Memorandum of Understanding or similar type of agreement when both agencies and the affected employees agree to the transfer.

Code of Federal Regulations

[62 FR 31323, June 9, 1997, as amended at 64 FR 40509, July 27, 1999; 65 FR 47830, Aug. 4, 2000]

Code of Federal Regulations

Effective Date Note: At 75 FR 67593, Nov. 3, 2010, part 330 was revised, effective Mar. 3, 2011. For the convenience of the user, the revised text is set forth as follows: PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) § 330.705 Applying ICTAP selection priority. (a) An agency must not appoint any candidate from outside its permanent competitive service workforce if there is an ICTAP selection priority candidate available for the vacancy, unless the personnel action to be effected is an exception under § 330.707 . (b) ICTAP selection priority applies to a vacancy that: (1) Is at a grade or pay level with a representative rate no higher than the representative rate of the grade or pay level of the ICTAP eligible's current or last permanent position of record; Pt. 330, Nt. (2) Has no greater promotion potential than the ICTAP eligible's current or last permanent position of record;
Code of Federal Regulations 244
(3) Is in the same local commuting area as the ICTAP eligible's current or last permanent position of record; and (4) Is filled during the ICTAP eligible's eligibility period. (c) An agency may appoint any ICTAP selection priority candidate for a vacancy. Pt. 330, Nt. (d)(1) After an agency announces the vacancy and meets its obligation to any ICTAP selection priority candidates, the agency may appoint any other candidate from outside its current permanent competitive service workforce, under appropriate staffing procedures. (2) An agency may make additional selections or reissue selection certificates in accordance with its merit promotion program without readvertising for ICTAP eligibles only if the additional selections are made from the applicant pool established by the original vacancy announcement, including readvertisements for the same vacancy, under which ICTAP eligibles had an opportunity to apply. (e) An agency may deny an ICTAP eligible future selection priority for vacancies in that agency if the ICTAP eligible: (1) Declines an offer of a permanent appointment at any grade or pay level in the competitive or excepted service; or Pt. 330, Nt. (2) Fails to respond within a reasonable period of time, as defined by the agency, to an offer or official inquiry of availability for a permanent appointment at any grade or pay level in the competitive or excepted service. (f) An agency may deny an ICTAP eligible future selection priority for a position previously obtained through ICTAP if the eligible was terminated or removed from that position under part 432 or 752 of this chapter . Pt. 330, Nt.