§3318 Competitive Service; Selections Using Numerical Ratings

Summary

An appointing authority must hire from the certified list of eligibles given under section 3317(a). They can only reject a certified person if the Director of the Office of Personnel Management, or an agency head who has been given that authority by the Director, agrees there is a proper reason under OPM rules. Another hiring office may use the same certificate within 240 days if the original job announcement said the list could be shared, and if the job is in the same occupational series and at a similar grade. That other office must follow the same hiring rule, usually needs no new public posting, but must tell its own employees about the opening, give them up to 10 business days to apply, and review any internal applicants. If an office wants to pass over a preference eligible and hire someone who is not a preference eligible, it 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, may ask for more information, and will decide if the reasons are enough. If the preference eligible has a compensable service-connected disability of 30% or more, the agency must also notify that person at the same time, give the reasons, and tell them they can respond to the Director within 15 days; the Director will verify the notice was sent. If a preference eligible has already been passed over for sufficient reasons for the same job, the office does not have to consider them again from that list. When preference eligibles are on a reemployment list for the job, a new register may only be used to appoint someone who meets certain preference-eligible categories in section 2108(3)(C)–(G). The Director must write rules to run this process. Director means the Director of the Office of Personnel Management.