5 CFR Part 302 — Employment in the Excepted Service

PART 302—EMPLOYMENT IN THE EXCEPTED SERVICE Authority: 5 U.S.C. 1302, 3301, 3302, 3317, 3318, 3319, 3320, 8151; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14171, 90 FR 8625. Sec. 302.105 also issued under 5 U.S.C. 1104; sec. 3(5), Pub. L. 95-454, 92 Stat. 1112 (5 U.S.C. 1101 note). Sec. 302.107 also issued under 5 U.S.C. 9201-9206; sec. 1122(b)(1), Pub. L. 116-92, 133 Stat. 1605 (5 U.S.C. 9201 note). Sec. 302.501 also issued under 5 U.S.C. ch. 77. Source: 55 FR 9407, Mar. 14, 1990, as amended at 91 FR 58359, 58360, Sept. 15, 2026. Redesignated at 91 FR 58359, Sept. 15, 2026. Subpart A—General Provisions § 302.101 Positions covered by regulations. (a) Positions covered. (b) Positions not covered. (c) Positions exempt from appointment procedures. (1) Positions filled by persons appointed without pay or at pay of $1 a year; (2) Positions outside the continental United States and outside the State of Hawaii and the Commonwealth of Puerto Rico when filled by persons resident in the locality, and positions in the State of Hawaii and the Commonwealth of Puerto Rico when paid in accordance with prevailing wage rates; (3) Positions which the exigencies of the national defense program demand be filled immediately before lists of qualified applicants can be established or used, but appointments to these positions shall be temporary appointments not to exceed 1 year which may be renewed for 1 additional year at the discretion of the agency; (4) Positions filled by appointees serving on an irregular or occasional basis whose hours or days of work are not based on a prearranged schedule and who are paid only for the time when actually employed or for services actually performed; (5) Positions paid on a fee basis; (6) Positions included in Schedule A (see subpart C of part 213 of this chapter) for which OPM agrees with the agency that the positions should be included hereunder and states in writing that an agency is not required to fill positions according to the procedures in this part. (7) Positions included in Schedule C (see subpart C of part 213 of this chapter); (8) Attorney positions; (9) Positions filled by reemployment of an individual in the same agency and commuting area, at the same or lower grade, and under the same appointing authority as the position last held; Provided That, (10) Positions for which a critical hiring need exists when filled under § 213.3102(i)(2) of this chapter. (11) Appointment of persons with intellectual disabilities, severe physical disabilities, or psychiatric disabilities to positions filled under 5 CFR 213.3102(u). (12) Confidential, policy-determining, policy-making or policy-advocating positions filled under Schedule Policy/Career authorized under Executive Order 13957, as amended. Appointments under this authority must be made in accordance with the provisions of § 213.3601 of this chapter. [55 FR 9407, Mar. 14, 1990, as amended at 58 FR 58260, Nov. 1, 1993; 60 FR 10006, Feb. 23, 1995; 77 FR 28214, May 11, 2012; 85 FR 63191, Oct. 7, 2020; 89 FR 25046, Apr. 9, 2024; 91 FR 5655, Feb. 6, 2026] § 302.102 Method of filling positions and status of incumbent. (a) To the extent permitted by statute and this chapter, each appointment, position change, and removal in the excepted service shall be made in accordance with any regulations or practices that the head of the agency concerned finds necessary. (b) Except as authorized under paragraph (c) of this section, a person appointed to an excepted position does not acquire a competitive status by reason of the appointment. When an employee serving under a nontemporary appointment in the competitive service is selected for an excepted appointment, the agency must— (1) Inform the employee that, because the position is in the excepted service, it may not be filled by a competitive appointment, and that acceptance of the proposed appointment will take him/her out of the competitive service while he/she occupies the position; and (2) Obtain from the employee a written statement that he/she understands he/she is leaving the competitive service voluntarily to accept an appointment in the excepted service. (c) Upon a finding by OPM that in a particular situation the action will be in the interest of good administration, OPM may authorize an agency to make appointments to specified positions in the excepted service in the same manner as to positions in the competitive service.

Persons appointed pursuant to a specific authorization by OPM under this paragraph may acquire competitive status. [55 FR 9407, Mar. 14, 1990, as amended at 58 FR 58261, Nov. 1, 1993; 91 FR 5655, Feb. 6, 2026] § 302.103 Definitions. Person entitled to priority consideration § 302.104 Applicability of regulations to applicants and employees. Each agency shall follow the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible or person entitled to priority consideration applies for appointment to a position covered by this part. Each agency, in its discretion, may follow these provisions when no preference eligible or person entitled to priority consideration applies. § 302.105 Special agency plans. An agency having a position subject to this part may establish a system which will result in granting to eligible persons the preference or priority consideration referred to in sections 1302(c) or 8151 of title 5, United States Code, but which does not conform to all the procedural requirements set forth in this part. The agency establishing such a system must ensure that all eligible applicants entitled to veteran preference or priority consideration receive at least as much advantage in referral as they would receive under the procedures set forth in this part. § 302.106 Vacancy announcements. When an agency announces a vacancy in the excepted service, the announcement must contain a reasonable accommodation statement that complies with requirements in part 330, subpart A of this chapter. [66 FR 63906, Dec. 11, 2001, as amended at 75 FR 67593, Nov. 3, 2010] § 302.107 Suitability and fitness inquiries regarding criminal history. Agency inquiries regarding criminal history must be done in accordance with the requirements under chapter 92 of title 5, U.S. Code and part 920 of this chapter. [88 FR 60329, Sept. 1, 2023] § 302.108 Determinations of fitness for employment in an Excepted Service position. (a) An agency must make fitness determinations for excepted service positions in accordance with the applicable requirements of part 731 of this chapter. (b) An agency must record its reasons for making fitness determinations under part 731 of this chapter and must furnish a copy of those reasons to an applicant upon their request. [89 FR 102691, Dec. 18, 2024] Subpart B—Eligibility Standards § 302.201 Persons entitled to veteran preference. In actions subject to this part, each agency shall grant veteran preference as follows: (a) When numerical scores are used in the evaluation and referral, the agency shall grant 5 additional points to preference eligibles under section 2108(3) (A) and (B) of title 5, United States Code, and 10 additional points to preference eligibles under section 2108(3) (C) through (G) of that title. (b) When eligible candidates are referred without ranking, the agency shall note preference as “CP” for preference eligibles under 5 U.S.C. 2108(3)(C), as “XP” for preference eligibles under 5 U.S.C. 2108(3)(D) through (G), as “SSP” for preference eligibles under 5 U.S.C. 2108(3)(H) and as “TP” for all other preference eligibles under that title. (c) When quality categories are used in the evaluation and referral, the agency shall list preference eligibles under 5 U.S.C. 2108(3) ahead of non-preference eligibles in accord with § 302.304(b)(6). [55 FR 9407, Mar. 14, 1990, as amended at 85 FR 63191, Oct. 7, 2020; 90 FR 43144, Sept. 8, 2025] § 302.202 Qualification requirements. Before making an appointment to a position covered by this part, each agency shall establish qualification standards such as those relating to experience and training, citizenship, minimum age, physical condition, etc., which shall relate to the duties to be performed. An agency may delegate the establishment of standards relating to a group of positions or a specific position to the appropriate administrative level or subdivision in accordance with the needs of the locality in which the position is located, but the agency shall determine that each standard established is in conformity with this part. Each agency shall make its standards a matter of record in the appropriate office of the agency, and shall furnish information concerning the standards for a position to an applicant on his/her request. Each agency shall apply the standards for a position uniformly to all applicants, except for such waivers as are provided in this part for a preference eligible. An agency shall not include a minimum educational requirement in qualification standards, except for a scientific, technical, or professional position the duties of which the agency decides cannot be performed by a person who does not have a prescribed minimum education. An agency shall not establish a maximum age requirement for any position. Each agency shall make a part of its records the reasons for its decision under this section and shall furnish those reasons to an applicant on his/her request. The qualification standards shall include: (a) A provision for waiver by the agency of requirements as to age, height, and weight for each preference eligible when the requirements are not essential to the performance of the duties of the position; and (b) A provision for waiver by the agency of physical requirements for each preference eligible when the agency, after giving due consideration to the recommendation of an accredited physician, finds that the applicant is physically able to discharge the duties of the position. § 302.203 Standard and criteria for determining fitness for employment in an Excepted Service position. (a) The minimum standard and criteria for determining fitness for employment based on character and conduct are prescribed in part 731, subpart B, of this chapter. (b) Agencies may prescribe additional factors to protect the integrity and promote the efficiency of the service when job-related and consistent with business necessity. [89 FR 102691, Dec. 18, 2024] Subpart C—Accepting, Rating, and Arranging Applications § 302.301 Receipt of applications. (a) Each agency shall establish definite rules regarding the acceptance of applications for employment in positions covered by this part and shall make these rules a matter of record. (b) Each agency shall apply its rules uniformly to all applicants who meet the conditions of the rules and shall furnish information concerning the rules to an applicant on his/her request. § 302.302 Examination of applicants. (a) Eligibility. (b) Rating Numerical rating. (2) Category rating. (c) Nonpreference applicants for certain positions. (d) Evaluating experience. [55 FR 9407, Mar. 14, 1990, as amended at 90 FR 43144, Sept. 8, 2025] § 302.303 Maintenance of employment lists. (a) Establishment Agency's obligation. (2) Agency discretion. (b) Priority reemployment list. (1) The name of each former employee of the agency who is a preference eligible, has been furloughed or separated from a continuing appointment without delinquency or misconduct, and applies for reemployment. Candidates in this category are considered for positions in the commuting area where they were separated unless the agency elects to provide broader consideration. (2) The name of each former employee of the agency who is a preference eligible and who, as the result of an appeal under part 752 of this chapter, is found by the Merit Systems Protection Board to have been unjustifiably dismissed from the agency, but who is not entitled to immediate restoration under the Board's decision. Candidates in this category are considered in the commuting area from which separated unless the Board's decision specifies a broader or different area or the agency elects to afford broader geographic consideration. (3) The name of each former employee of the agency who has been furloughed or separated due to compensable injury sustained under the provisions of 5 U.S.C. chapter 81, subchapter I, who is not entitled to immediate restoration, and who is eligible for priority consideration under this part. Candidates in this category are considered in the commuting area where they last served and, if the agency determines that an appropriate vacancy is unlikely to occur in that area during the candidates' period of reemployment priority, in other locations for which they are available. (4) At the agency's discretion, the name of each former employee of the agency who is not a preference eligible, has been furloughed or involuntarily separated from a continuing appointment without delinquency or misconduct, and applies for reemployment. Candidates in this category are considered in the geographic area specified by the agency. (c) Reemployment list. (d) Order of entry. (1) When candidates have been rated only for basic eligibility under § 302.302(a). (ii) All other candidates eligible for 10-point veteran preference; (iii) All candidates eligible for 5-point veteran preference; (iv) All candidates eligible for sole survivorship preference and (v) Qualified candidates not eligible for veteran preference. (2) When qualified candidates have been assigned numerical scores under § 302.302(b). (ii) All other qualified candidates in the order of their augmented ratings. At each score, qualified candidates eligible for 10-point preference will be entered first, followed, second, by 5-point preference eligibles, third, by sole survivorship preference eligibles, and last, by nonpreference eligibles. (3) When candidates have been placed in quality categories under § 302.302(b). Within each quality category, preference eligibles must be listed ahead of non-preference eligibles and may be listed in preference or alphabetical order. Preference eligibles having a compensable, service-connected disability of 10 percent or more (designated as CPS or CP) are placed in the highest quality category unless the list will be used to fill scientific or professional positions at the GS-9 level or above, or equivalent. [55 FR 9407, Mar. 14, 1990, as amended at 85 FR 63191, Oct. 7, 2020; 90 FR 43145, Sept. 8, 2025] § 302.304 Order of consideration. (a) Consideration of priority reemployment candidates. only (b) Consideration of other candidates. (1) Order A. (ii) The name of each other qualified applicant in the order of his/her numerical ranking. (2) Order B. (ii) The name of each qualified preference eligible who has a compensable, service-connected disability of 10 percent or more and is entitled to 10-point preference under section 3309 of title 5, United States Code, and whose name appears on the agency's regular employment list, in the order of his/her numerical ranking. (iii) The name of each other qualified applicant on the agency's reemployment list, in the order of his/her numerical ranking. (iv) The name of each other qualified applicant on the agency's regular employment list, in the order of his/her numerical ranking. (3) Order C. (ii) The name of each other qualified applicant on the agency's reemployment list, in the order of his/her numerical ranking. (iii) The name of each qualified preference eligible who has a compensable, service-connected disability of 10 percent or more and is entitled to 10-point preference under section 3309 of title 5, United States Code, and whose name appears on the agency's regular employment list, in the order of his/her numerical ranking. (iv) The name of each other qualified applicant on the agency's regular employment list, in the order of his/her numerical ranking. (4) Professional order. (i) Applicants on the agency's reemployment list, if any. (ii) Applicants on the agency's regular employment list. (5) Unranked order. (i) By preference status. (ii) By reemployment/regular list status. (6) Category rating. (i) Candidates on the reemployment list; (ii) Candidates in the highest quality category with preference eligibles listed ahead of non-preference eligibles; and (iii) Candidates in each subsequent lower quality category with preference eligibles listed ahead of non-preference eligibles. [55 FR 9407, Mar. 14, 1990, as amended at 85 FR 63919, Oct. 7, 2020; 90 FR 43145, Sept. 8, 2025] Subpart D—Selection and Appointment; Reappointment; and Qualifications for Promotion § 302.401 Selection and appointment. (a) Selection Unranked lists. (2) Numerical lists. (i) The agency may establish a cut-off score based on the assessment(s) used, supported by job analysis data; (ii) The agency may use a cut-off score based on business necessity ( e.g., (iii) The agency may use a set number of the highest ranked eligible applicants; or (iv) The agency may use a set percentage of the highest ranked eligible applicants. (3) Category rating. (4) Conditions. (i) Accord an applicant on its priority reemployment or reemployment list the preference consideration required by § 302.304 if the list on which the applicant's name appears does not contain the names of at least three preference eligibles; or (ii) Consider an applicant who has previously been considered three times in accordance with § 332.405 or a preference eligible if consideration of his/her name for the position has been discontinued as provided in paragraph (b) of this section. (b) Passing over a preference applicant. Delegated Examining Operations Handbook. [55 FR 9407, Mar. 14, 1990, as amended at 85 FR 63191, Oct. 7, 2020; 90 FR 43145, Sept. 8, 2025] § 302.402 Reappointment. An agency may reappoint a current or former nontemporary employee of the executive branch of the Federal Government who is a preference eligible to a position covered by this part without regard to the names of qualified applicants on the agency's priority reemployment, reemployment, or regular employment list. § 302.403 Qualifications for promotion. In determining qualifications for promotion with respect to an employee who is a preference eligible, an agency shall waive: (a) Requirements as to age, height, and weight unless the requirement is essential to the performance of the duties of the position; and (b) Physical requirements if, in the opinion of the agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position for which the promotion is proposed. Subpart E—Shared Use of Excepted Service Certificates § 302.501 General authority. (a) Certificate has the meaning given in § 332.102 of this chapter. (b) A hiring agency may share an excepted service certificate issued for filling positions under Schedules D and Policy/Career with one or more Federal agencies for positions to be filled on a permanent or time-limited basis. Positions filled on a time-limited basis are subject to § 213.104 of this chapter. Positions may be full-time or other than full-time, including part-time, seasonal, on-call, and intermittent positions. (c) All actions taken on a shared excepted service certificate must occur within 240 days after the date on which the original hiring agency issued the certificate. This period may not be extended. (d) The original hiring agency and any receiving agency using a shared excepted service certificate must maintain sufficient documentation to reconstruct their respective use of the certificate and must safeguard examination materials, assessment materials, examination results, assessment results, and applicant information in accordance with § 300.201 of this chapter. (e) All actions taken on a shared excepted service certificate must comply with this part. (f) Agencies sharing excepted service certificates must keep records of the instances of sharing these certificates and/or using shared excepted service certificates. § 302.502 Requirements for the original hiring agency. (a) An original hiring agency may share an excepted service certificate issued under § 302.302 with one or more receiving agencies if: (1) The original hiring agency intends to use the excepted service certificate for its own hiring needs; (2) The original hiring agency informed applicants that the resulting excepted service certificate may be used by one or more hiring agencies; (3) The original hiring agency provided applicants an opportunity to opt-in to have their applications and other personal information shared with one or more hiring agencies; (4) The original hiring agency's objections to eligibles or requests to pass over preference eligibles have been resolved in accordance with subpart D of this part, or by OPM in the case of a disabled veteran with a thirty percent or more service-connected disability. The original hiring agency must notate on the excepted service certificate next to the name of any preference eligible veteran whom the agency successfully passed over; (5) The original hiring agency either made a selection from the excepted service certificate or documented its reason for making no selection; and (6) The original hiring agency determined that sharing the excepted service certificate complies with this part and any applicable agency policy. (b) The original hiring agency may apply the three-consideration rule in § 332.405 during its use of an excepted service certificate on which applicants were assigned numerical scores under § 302.302(b)(1) and remove candidates from consideration accordingly. The three-consideration rule does not apply to an excepted service certificate on which applicants were placed in quality categories under § 302.302(b)(2). Before sharing the certificate with another agency, the original hiring agency must notate the certificate next to the name of any applicant removed from consideration under § 332.405. For purposes of this subpart, § 332.405 applies as if the position were being filled in the competitive service. (c) When sharing an excepted service certificate, the original hiring agency must share all documentation pertaining to the creation of that certificate, including but not limited to the job analysis, testing and examination materials, the job opportunity announcement or applicable public notification, and applications, as relevant, and must safeguard any personally identifiable information not needed for effective use of the certificate by the receiving agency. The original hiring agency may share the assessment scores of certified applicants. The original hiring agency must share the excepted service certificate of eligibles in its original form in order to retain the original ordering of the certificate; must safeguard any personally identifiable information from unauthorized access during the transmission process; and must redact the names of applicants who did not opt-in to the shared certificate, and who therefore may not be considered by the receiving agency. (d) The original hiring agency may share an excepted service certificate of eligibles with one or more agencies, one agency at a time or multiple agencies simultaneously. (e) If the original hiring agency determines that it has made an error that may affect selections by a receiving agency or agencies, it must notify each affected receiving agency. § 302.503 Requirements for receiving agencies. (a) Eligible vacancies. Delegated Examining Operations Handbook, (b) Notification to applicants. (c) Limitations. (2) Before considering other candidates, a receiving agency must first provide for the consideration for selection required for individuals entitled to priority consideration under §§ 302.303 and 302.304. (d) Selection from the shared certificate. (1) A receiving agency may, but is not required to, consider any applicant designated on the certificate as being passed over under § 302.502(a)(4), or as having received three bona fide considerations under § 302.502(b). (2) The receiving agency may not reassess the applicants for purposes of rating/ranking. (e) Time limit on selection. (f) Limit on further sharing by the receiving agency. Subpart F—OPM-Led Pooled Hiring Actions § 302.601 General authority. (a) OPM may issue lists of qualified applicants for which agencies shall conduct technical assessments and certify applicants for selection, to one or more agencies under this part; or (b) OPM may issue excepted service certificates to one or more agencies which may make selections in accordance with this part. § 302.602 Definitions. In this subpart: Certificate has the meaning given in OPM-led pooled hiring action Participating agency § 302.603 Lists of qualified applicants. (a) OPM may recruit applicants, determine minimum qualifications, and provide lists of qualified applicants to agencies. (b) Agencies are responsible for conducting technical assessments and issuing excepted service certificates in accordance with this part. (c) Agencies must satisfy all applicable requirements pertaining to applicants eligible for priority consideration in accordance with §§ 302.103, 302.303, 302.304, and 302.401. (d) An agency may apply the three-consideration rule under § 332.405 of this subchapter to an excepted service certificate on which applicants were assigned numerical scores under § 302.302(b)(1) and must notify OPM when doing so. The three-consideration rules does not apply to an excepted service certificate on which applicants were placed in quality categories under § 302.302(b)(2). OPM will notify all participating agencies when an applicant has been removed from further consideration under the three-consideration rule. An agency may, but is not required to, consider any applicant who received three bona fide considerations from another agency in accordance with § 332.405 of this subchapter and identified as such by OPM. For purposes of this subpart, § 332.405 of this subchapter applies as if the position were being filled in the competitive service. (e) An agency which passes over a preference eligible must notify OPM when the pass-over is sustained. OPM will notify all participating agencies when a pass-over request has been sustained, and the veteran is removed from further consideration. An agency may, but is not required to, consider any applicant notified that he or she was being passed over by another agency in accordance with § 302.401(b), the Delegated Examining Operations Handbook, and identified as such by OPM. § 302.604 OPM-created certificates for pooled hiring. (a) OPM may issue one or more excepted service certificates for a hiring instance under the procedures of this part. (b) An agency using an OPM-generated excepted service certificate may not reassess applicants for purposes of rating or ranking. (c) OPM may establish a policy for the timeframe within which an agency using a certificate may make a selection, and any extensions to this timeframe. (d) Agencies must satisfy all applicable requirements pertaining to applicants eligible for priority consideration in accordance with §§ 302.103, 302.303, 302.304, and 302.401. (e) An agency may apply the three-consideration rule under § 332.405 of this subchapter to an excepted service certificate on which applicants were assigned numerical scores under § 302.302(b)(1) and must notify OPM when doing so. The three-consideration rule does not apply to an excepted service certificate on which applicants were placed in quality categories under § 302.302(b)(2). OPM will notify all participating agencies when an applicant has been removed from further consideration under the three-consideration rule. A participating agency may, but is not required to, consider any applicant who received three bona fide considerations from another agency in accordance with § 332.405 and identified as such by OPM. (f) An agency which passes over a preference eligible must notify OPM when the pass-over is sustained. OPM will notify all participating agencies when a pass-over request has been sustained, and the veteran is removed from further consideration. An agency may, but is not required to, consider any applicant notified that he or she was being passed over by another agency in accordance with § 302.401(b), the Delegated Examining Operations Handbook, and identified as such by OPM. Subpart G—Appeals § 302.701 Entitlement. An individual who is covered by 5 U.S.C. 8101(1) and is entitled to priority consideration under this part (see § 302.103) may appeal a violation of his/her restoration rights to the Merit Systems Protection Board under the provisions of the Board's regulations by presenting factual information that he or she was denied restoration rights because of the employment of another person. [55 FR 9407, Mar. 14, 1990. Redesignated at 91 FR 58359, Sept. 15, 2026]

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