---
kind: "section"
citation: "5 C.F.R. § 338.601"
title: "5"
number: "338.601"
heading: "Prohibition of maximum-age requirements."
url: "https://uscodex.org/cfr/5/338.601"
---

# §338.601. Prohibition of maximum-age requirements.


A maximum-age requirement may not be applied in either competitive or noncompetitive examinations for positions in the competitive service except as provided by:

- (a) [Section 3307](/usc/5/3307.md) of title 5, United States Code; or
- (b) Public Law 93-259 which authorizes OPM to establish a maximum-age requirement after determining that age is an occupational qualification necessary to the performance of the duties of the position.

## Notes

### Amendments

[40 FR 42734, Sept. 16, 1975]

### Authority

Authority: 5 U.S.C. 3301, 3302, 3304; E.O. 10577, 3 CFR, 1954-1958 comp., p. 218.

### Amendments

[40 FR 42734, Sept. 16, 1975]