5 C.F.R. § 332.406 Objections to eligibles.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 332—RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION
Subpart D—Consideration for Appointment
§ 332.406 Objections to eligibles.
(a) An appointing officer is not required to consider an eligible to whose certification for the particular position he makes an objection that is sustained by OPM for any of the reasons stated in §339.101 or §731.201 of this chapter or for other reasons considered by OPM to be disqualifying for the particular position. OPM may also sustain an objection to certification of an otherwise qualified eligible for an overseas position on the basis of special overseas selection factors.
(b) An appointing officer may not pass over a preference eligible to select a non-preference eligible unless an objection to the preference eligible is sustained by OPM.
(c) Pending OPM action on an agency's objection to an eligible, the agency may not appoint an eligible who would be within reach only if the objection is sustained.
(d) Paragraphs (b) and (c) of this section, do not apply if the agency has more than one position to fill from the same certificate and holds a position for the individual objected to in the event OPM does not sustain the objection
(e) Agencies shall follow the procedures for objecting to an eligible published by OPM in its operating manuals.
[42 FR 61240, Dec. 2, 1977, as amended at 66 FR 66710, Dec. 27, 2001]
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