5 C.F.R. Subpart E—Restrictions To Protect Competitive Principles
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
Subpart E—Restrictions To Protect Competitive Principles
§ 330.501 General restriction on movement after competitive appointment.
An agency may promote an employee or reassign him to a different line of work, or to a different geographical area, and it may transfer a present employee or reinstate a former employee of the same or another agency to a higher grade or different line of work, or to a different geographical area, only after 3 months have elapsed since the employee's latest nontemporary competitive appointment. OPM may waive the restriction against movement to a different geographical area when it is satisfied that the waiver is consistent with the principles of open competition.
[37 FR 11965, June 16, 1972]
§ 330.502 [Reserved]
§ 330.503 Assessment of compliance with competitive principles.
As one factor in assessing an agency's compliance with competitive principles, OPM will consider the relationship between appointments from competitive examinations and subsequent position changes. When OPM finds that an agency has not complied with competitive principles, either in an individual case or on a program basis, OPM will require the agency to take appropriate corrective action.
[37 FR 11965, June 16, 1972]
§ 330.504 Special restrictions after appointment under Part-time Direct Hire Program.
(a) A person hired under the Part-time Direct Hire Program may not be changed to full time through:
(1) Position change;
(2) Work schedule change;
(3) Transfer; or
(4) Reinstatement based on appointment under the Part-time Direct Hire Program until he or she has completed at least 1 calendar year of service in a part-time position under the program.
(b) In the event of a break in service, the service requirement in paragraph (a) of this section is computed on the basis of the employee's total time in a pay status, 365 days equaling 1 calendar year.
(c) Agencies may waive this restriction only in the event of extreme personal hardship to the employee.
[45 FR 65493, Oct. 3, 1980]
§ 330.505 Nonapplicability to persons within reach on registers.
The restrictions in this subpart do not apply to a person who is within reach on a register for competitive appointment to the position to be filled.
[34 FR 2649, Feb. 27, 1969]
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