---
kind: "section"
citation: "5 C.F.R. § 330.211"
title: "5"
number: "330.211"
heading: "Exceptions to RPL placement priority."
url: "https://uscodex.org/cfr/5/330.211"
---

# §330.211. Exceptions to RPL placement priority.


An agency may effect the following personnel actions as exceptions to [§ 330.210](/cfr/5/330.210.md):

- (a) 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;
- (b) Appoint a 10-point preference eligible through an appropriate appointing authority;
- (c) Appoint a current or former employee exercising restoration rights under [part 353](/cfr/5/part353.md) of this chapter based on return from military service or recovery from a compensable injury or disability within 1 year;
- (d) Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
- (e) 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;
- (f) Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
  - (1) A Veterans Recruitment Appointment under [part 307](/cfr/5/part307.md) of this chapter;
  - (2) An appointment under [5 U.S.C. 3112](/usc/5/3112.md) and [part 316](/cfr/5/part316.md) of this chapter of a veteran with a compensable service-connected disability of 30 percent or more; and
  - (3) An excepted service appointment under [part 213](/cfr/5/part213.md) of this chapter;
- (g) 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);
- (h) Extend an employee's temporary or term appointment up to the maximum permitted by the appointment authority or as authorized by OPM; or
- (i) **Appoint an individual under an excepted service appointing authority.**

## Notes

### 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]