---
kind: "section"
citation: "5 C.F.R. § 317.702"
title: "5"
number: "317.702"
heading: "General reinstatement: SES career appointees."
url: "https://uscodex.org/cfr/5/317.702"
---

# §317.702. General reinstatement: SES career appointees.

- (a) **Eligibility for general reinstatement.** A former SES career appointee who meets the following conditions is eligible for reinstatement under this section:
  - (1) The individual completed an SES probationary period under a previous SES career appointment or was exempted from that requirement; and
  - (2) The individual's separation from his or her last SES career appointment was not a removal under [subpart C of part 359](/cfr/5/part359-subpartC.md) of this chapter for failure to be recertified as a senior executive; or a removal under [subpart E of part 359](/cfr/5/part359-subpartE.md) of this chapter for less than fully successful executive performance; or under [5 U.S.C. 1207](/usc/5/1207.md) by order of the Merit Systems Protection Board as a result of a disciplinary action initiated by the Special Counsel under [5 U.S.C. 1206](/usc/5/1206.md); or under [5 U.S.C. 7532](/usc/5/7532.md) (National Security); or under [subpart F of part 752](/cfr/5/part752-subpartF.md) of this chapter for misconduct, neglect of duty, or malfeasance; or a resignation after receipt of a notice proposing or directing removal under any of the above conditions. Removal for failure to accept a directed reassignment to another commuting area, or to accompany a position in a transfer of function to another commuting area, does not preclude reinstatement to the SES unless the appointment to the original position included acceptance of a written nationwide mobility agreement or policy.
- (b) **Applying for reinstatement; time limit.** Application for reinstatement under this section shall be made directly to the agency in which SES employment is sought. There is no time limit for reinstatement under this section.
- (c) **Qualifications.** The individual must meet the qualification requirements of the position to which reinstated. The agency makes this determination.
- (d) **Tenure upon reinstatement.** An individual who is reinstated under § 317.702 becomes an SES career appointee.

## Notes

### Amendments

[54 FR 9759, Mar. 8, 1989, as amended at 56 FR 172, Jan. 3, 1991]

### Source

Source: 54 FR 9759, Mar. 8, 1989, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 3392, 3393, 3395, 3397, 3592, 3593, 3595, 3596, 8414, and 8421. § 317.202 also issued under 5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1).

### Source

Source: 44 FR 18927, Mar. 30, 1979, unless otherwise noted.

### Amendments

[54 FR 9759, Mar. 8, 1989, as amended at 56 FR 172, Jan. 3, 1991]