5 CFR Part 3 — Noncompetitive Acquisition of Status (Rule III)

PART 3—NONCOMPETITIVE ACQUISITION OF STATUS (RULE III) Authority: 5 U.S.C. 3301, 3302; E.O. 14410, 91 FR 34893. Source: 28 FR 10023, Sept. 14, 1963, unless otherwise noted. § 3.1 Classes of persons who may noncompetitively acquire status. (a) Upon recommendation by the agency concerned, and subject to such noncompetitive examination, time limits, or other requirements as OPM may prescribe the following classes of persons may acquire a competitive status without competitive examination: (1) A person holding a permanent position when it is placed in the competitive service by statute or executive order or is otherwise made subject to competitive examination. (2) A disabled veteran who, in a manner satisfactory to OPM, has completed a course of training in the executive branch of the Government prescribed by the Secretary of Veterans Affairs in accordance with 38 U.S.C. chapter 31. (3) An employee who has served at least two years in the immediate office of the President or on the White House Staff and who is transferred to a competitive position at the request of an agency. (4) An employee who was serving when his name was reached for certification on a civil service register appropriate for the position in which he was serving: Provided, Provided further, (5) An employee whose initial appointment was to a Pathways Program position in Schedule D of the excepted service, and who was subsequently converted to a position in Schedule Policy/Career, with or without an intervening term appointment, and without a break in service of one day. (b) Upon recommendation by the employing agency, and subject to such requirements as the Office of Personnel Management may prescribe, the following classes of employees with disabilities may acquire competitive status without competitive examination: (1) An employee with a severe physical disability who completes at least two years of satisfactory service in a position excepted from the competitive service. (2) An employee with an intellectual disability who completes at least two years of satisfactory service in a position excepted from the competitive service. (3) An employee with a psychiatric disability who completes at least two years of satisfactory service in a position excepted from the competitive service. [28 FR 10023, Sept. 14, 1963, as amended by E.O. 12125, 44 FR 16879, Mar. 20, 1979; 65 FR 41868, July 7, 2000; E.O. 14410, 91 FR 34893, June 10, 2026; 91 FR 52478, Aug. 14, 2026] § 3.2 Appointments without competitive examination in rare cases. Subject to receipt of satisfactory evidence of the qualifications of the person to be appointed, OPM may authorize an appointment in the competitive service without competitive examination whenever it finds that the duties or compensation of the position are such, or that qualified persons are so rare, that, in the interest of good civil-service administration, the position cannot be filled through open competitive examination. Any person heretofore or hereafter appointed under this section shall acquire a competitive status upon completion of at least one year of satisfactory service and compliance with such requirements as OPM may prescribe. Detailed statements of the reasons for the noncompetitive appointments made under this section shall be published on OPM's website. [28 FR 10023, Sept. 14, 1963, as amended at 91 FR 52478, Aug. 14, 2026] § 3.3 Conversion of appointments. Any person who acquires a competitive status under this part shall have his appointment converted to career-conditional appointment unless he meets the service requirement for career appointment prescribed under § 2.2(a) of this subchapter.

Related documents

• 29 CFR Part 301 — Rules of Procedure#507853
• 5 CFR Part 7 — General Provisions (Rule VII)#503985
• 50 CFR Part 10 — General Provisions#512073
• 19 CFR Part 201 — Rules of General Application#506534
• 16 CFR Part 4 — Miscellaneous Rules#506014