§3318 Competitive service; selections using numerical ratings

Summary

An agency must hire from the list of eligible candidates given to it, unless the Office of Personnel Management (OPM) Director or an agency head acting for the Director objects for a good, rule-based reason. Another agency can use that same list to fill a similar job within 240 days of the list being issued, but only if the original job notice said other agencies might use the list. The other agency must follow the same selection rules and can skip a new public posting only if it first tells its own employees about the opening, gives them up to 10 business days to apply, and reviews those employee applications. If an agency wants to pass over a preference eligible (certain veterans and similar) and hire someone who is not a preference eligible, the agency must file written reasons with the Director or agency head. The Director or agency head will add those reasons to the preference eligible’s record, can ask for more information, and will decide if the reasons are enough. For a preference eligible with a service-connected disability of 30 percent or more, the person must be told and given 15 days to respond; OPM must verify the notice and OPM staff must handle that review. If the pass-over is found proper, the agency need not consider that preference eligible again from the same list for the same job. If a reemployment list has preference eligibles, hires from a new register after exam must be certain types of preference eligibles described in law. An appointing officer does not have to keep considering someone who has already been considered three times for the same job. The Director must write rules to run these procedures. Director: the Director of the Office of Personnel Management.