---
kind: "section"
citation: "5 C.F.R. § 302.104"
title: "5"
number: "302.104"
heading: "Applicability of regulations to applicants and employees."
url: "https://uscodex.org/cfr/5/302.104"
---

# §302.104. Applicability of regulations to applicants and employees.


Each agency shall follow the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible or person entitled to priority consideration applies for appointment to a position covered by this part. Each agency, in its discretion, may follow these provisions when no preference eligible or person entitled to priority consideration applies.


## Notes

### Authority

Authority: 5 U.S.C. 1302, 3301, 3302, 3317, 3318, 3319, 3320, 8151; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14171, 90 FR 8625. Sec. 302.105 also issued under 5 U.S.C. 1104; sec. 3(5), Pub. L. 95-454, 92 Stat. 1112 (5 U.S.C. 1101 note). Sec. 302.107 also issued under 5 U.S.C. 9201-9206; sec. 1122(b)(1), Pub. L. 116-92, 133 Stat. 1605 (5 U.S.C. 9201 note). Sec. 302.501 also issued under 5 U.S.C. ch. 77.

### Source

Source: 55 FR 9407, Mar. 14, 1990, unless otherwise noted.