§330.211. Exceptions to RPL placement priority.
5 C.F.R. § 330.211
An agency may effect the following personnel actions as exceptions to § 330.210:
Fill a vacancy with an employee of the agency's current permanent competitive service workforce through detail or position change, subject to the requirements of subpart F of this part;
Appoint a 10-point preference eligible through an appropriate appointing authority;
Appoint a current or former employee exercising restoration rights under part 353 of this chapter based on return from military service or recovery from a compensable injury or disability within 1 year;
Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
Fill a specific position when all RPL placement priority candidates decline an offer of the position or fail to respond to a written agency inquiry about their availability;
Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
A Veterans Recruitment Appointment under part 307 of this chapter;
An appointment under 5 U.S.C. 3112 and part 316 of this chapter of a veteran with a compensable service-connected disability of 30 percent or more; and
An excepted service appointment under part 213 of this chapter;
Reappoint without a break in service to the same position currently held by an employee serving under a temporary appointment of 1 year or less (only to another temporary appointment not to exceed 1 year or less);
Extend an employee's temporary or term appointment up to the maximum permitted by the appointment authority or as authorized by OPM; or
Appoint an individual under an excepted service appointing authority.
Notes, amendments, and revision history
Amendments
[75 FR 67593, Nov. 3, 2010, as amended at 77 FR 28215, May 11, 2012]
Authority
Authority: 5 U.S.C. 1104, 1302, 3301, 3302, 3304, and 3330; E.O. 10577, 3 CFR, 1954-58 Comp., p. 218; Section 330.103 also issued under 5 U.S.C. 3327; Subpart B also issued under 5 U.S.C. 3315 and 8151; Section 330.401 also issued under 5 U.S.C. 3310; Subparts F and G also issued under Presidential Memorandum on Career Transition Assistance for Federal Employees, September 12, 1995; Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b). § 330.1301 also issued under 5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1). Link to an amendment published at 91 FR 49216, Aug. 3, 2026.
Source
Source: 75 FR 67593, Nov. 3, 2010, unless otherwise noted.
Amendments
[75 FR 67593, Nov. 3, 2010, as amended at 77 FR 28215, May 11, 2012]