---
kind: "section"
citation: "5 C.F.R. § 335.102"
title: "5"
number: "335.102"
heading: "Agency authority to promote, demote, or reassign."
url: "https://uscodex.org/cfr/5/335.102"
---

# §335.102. Agency authority to promote, demote, or reassign.


Subject to [§ 335.103](/cfr/5/335.103.md) and, when applicable, to [part 319](/cfr/5/part319.md) of this chapter, an agency may:

- (a) Promote, demote, or reassign a career or career-conditional employee;
- (b) Reassign an employee serving under a temporary appointment pending establishment of a register to a position to which his original assignment could have been made by the same appointing officer from the same recruiting list under the same order of consideration;
- (c) Promote, demote, or reassign an employee serving under an overseas limited appointment of indefinite duration or an overseas limited term appointment to another position to which an initial appointment under [§ 301.201](/cfr/5/301.201.md), [§ 301.202](/cfr/5/301.202.md), or [§ 301.203](/cfr/5/301.203.md) of this chapter is authorized;
- (d) Promote, demote, or reassign (1) a status quo employee and (2) an employee serving under an indefinite appointment in a competitive position, except that this authority may not be used to move an employee:
- (i) From a position in which an initial overseas limited appointment is authorized to another position; or
- (ii) To a position in which an initial overseas limited appointment is authorized from another position; and
- (e) Promote, demote, or reassign a term employee serving on a given project to another position within the project which the agency has been authorized to fill by term appointment;
- (f) Make time-limited promotions to fill temporary positions, accomplish project work, fill positions temporarily pending reorganization or downsizing, or meet other temporary needs for a specified period of not more than 5 years, unless OPM authorizes the agency to make and/or extend time-limited promotions for a longer period.
  - (1) The agency must give the employee advance written notice of the conditions of the time-limited promotion, including the time limit of the promotion; the reason for a time limit; the requirement for competition for promotion beyond 120 days, where applicable; and that the employee may be returned at any time to the position from which temporarily promoted, or to a different position of equivalent grade and pay, and the return is not subject to the procedures in parts [351](/cfr/5/part351.md), [432](/cfr/5/part432.md), 752, or 771 of this chapter. When an agency effects a promotion under a nondiscretionary provision and is unable to give advance notice to the employee, it must provide the notice as soon as possible after the promotion is made.
  - (2) This paragraph applies to a career, career-conditional, status quo, indefinite, or term employee and to an employee serving under an overseas limited appointment of indefinite duration, or an overseas limited term appointment.

## Notes

### Amendments

[33 FR 12428, Sept. 4, 1968, as amended at 35 FR 13075, Aug. 18, 1970; 45 FR 24855, Apr. 11, 1980; 57 FR 10124, Mar. 24, 1992; 58 FR 59347, Nov. 9, 1993]

### Authority

Authority: 5 U.S.C. 2301, 2302, 3301, 3302, 3304(f), 3330, 9602; sec. 511, Pub. L. 106-117, 113 Stat. 1575; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218; E.O. 11478, 3 CFR, 1966-1970 Comp., p. 803, unless otherwise noted; E.O. 13087, 3 CFR, 1998 Comp., p. 191; E.O. 13152, 3 CFR, 2000 Comp., p. 264; and 5 CFR 2.2 and 7.1.

### Amendments

[33 FR 12428, Sept. 4, 1968, as amended at 35 FR 13075, Aug. 18, 1970; 45 FR 24855, Apr. 11, 1980; 57 FR 10124, Mar. 24, 1992; 58 FR 59347, Nov. 9, 1993]