5 CFR 330.402 - Exceptions to restriction.
(a) An agency may fill a restricted position with a nonpreference eligible under the following circumstances:
(1) By competitive examination when no preference eligible applies;
(2) By position change (promotion, demotion, or reassignment) to a position in the organizational entity (i.e., the part of an agency from which selections are normally made for promotion or reassignment to the position in question) in which the nonpreference eligible is employed;
(b) Except as indicated in paragraph (a) of this section, OPM must authorize any other agency noncompetitive action (e.g., under an authority specified in part 315 of this chapter) to fill a restricted position with a nonpreference eligible.