§339.306. Processing medical eligibility determinations.
5 C.F.R. § 339.306
In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to a higher level review of the determination within the agency.
OPM must approve the sufficiency of the agency's reasons to:
Medically disqualify or pass over a preference eligible in order to select a nonpreference eligible for:
A competitive service position under part 332 of this chapter; or
An excepted service position in the executive branch subject to title 5, U.S. Code;
Medically disqualify or pass over a 30 percent or more compensably disabled veteran for a position in the U.S. Postal Service in favor of a nonpreference eligible;
Medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in a reduction in force under § 351.702(d) of this chapter; or
Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment, for example, under § 316.302(b)(4) of this chapter.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 1104(a), 1302(a), 3301, 3302, 3304, 3312, 3318, 3320, 3504, 5112; 39 U.S.C. 1005, Executive Order 10577, Rule II, codified as amended in 5 CFR 2.1(a).
Source
Source: 82 FR 5350, Jan. 18, 2017, unless otherwise noted.