5 U.S.C. § 5110: Review of classification of…

Summary

The Office of Personnel Management must review some positions in each agency from time to time to check whether jobs are placed in the correct class and grade under the published standards. If OPM finds a position is misclassified, it will consult agency officials, place the job in the proper class and grade, and send a formal certificate to the agency. The agency and its administrative, payroll, and accounting officials must follow that certificate.

Title 5, §5110

Government Organization and Employees, Source: USLM XML via OLRC

(a)The Office of Personnel Management, from time to time, shall review such number of positions in each agency as will enable the Office to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.

(b)When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 1102(b).Oct. 28, 1949, ch. 782, § 502(b), 63 Stat. 958. (b)5 U.S.C. 1103.Oct. 28, 1949, ch. 782, § 503, 63 Stat. 958. In subsection (b), the words “to which this chapter applies” are omitted as unnecessary in view of section 5102. The words “appropriate officials” and “administrative, certifying, payroll, disbursing, and accounting officials” are substituted for “appropriate officers and employees” and “administrative, certifying, payroll, disbursing, and accounting officers”, respectively, to preserve the application to members of the uniformed services who are excluded from the definition of “officer” and “employee”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

§5110 Review of Classification of Positions