5 CFR 330.402 - Exceptions to restriction.

Status message

There are 2 Updates appearing in the Federal Register for 5 CFR Part 330. View below or at eCFR (GPOAccess)
§ 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;

(3) By reemployment in the agency where the nonpreference eligible was formerly employed when he or she is being appointed from the Reemployment Priority List under subpart B of this part;

(4) By reinstatement in the agency where the nonpreference eligible was formerly employed when he or she was last separated because of disability retirement; or

(5) By reappointment of certain temporary employees as provided for in part 316 of this chapter.

(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.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Statutes at Large
Presidential Documents

Executive Order ... 10577

Memorandum ... Sept. 12, 1995

Title 5 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 330 after this date.

  • 2017-01-18; vol. 82 # 11 - Wednesday, January 18, 2017
    1. 82 FR 5335 - Recruitment and Selection Through Competitive Examination
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim rule with request for comments.
      Interim rule effective February 17, 2017; comments must be received on or before March 20, 2017.
      5 CFR Parts 330, 332, and 337

Title 5 published on 2015-12-02.

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2017-01-18; vol. 82 # 11 - Wednesday, January 18, 2017
    1. 82 FR 5335 - Recruitment and Selection Through Competitive Examination
      GPO FDSys: XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim rule with request for comments.
      Interim rule effective February 17, 2017; comments must be received on or before March 20, 2017.
      5 CFR Parts 330, 332, and 337