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2.7 Classification in post offices. The Postmaster General shall promptly notify the Commission of each order for the advancement of any post office from the third class to the second class, or for the consolidation of any post office with one in which the employees are classified as competitive. On the date of effect of such order the rules in this chapter shall apply to the positions, officers, and employees of the offices affected, in the same manner as they apply to those in offices now classified, and all appointments after an eligible register has been established shall be made by selection from the register; but no officer or employee in any post office shall be classified under the terms of this section who fails to establish to the satisfaction of the Postmaster General his capacity for efficient service in the position held; and if he has been appointed within less than sixty days prior to the application of the rules in this chapter to such office he shall not be classified without the express consent of the Commission. The Postmaster General shall, upon the date he reports the advancement of any post office from the third to the second class, or as soon thereafter as is practicable, notify the Commission as to which of the employees in said office he desires to report for classification.* (E.O. 1363, May 26, 1911]
2.8 Indian agent. Whenever the separate office of Indian Agent shall be discontinued in any agency, and his duties devolved upon the superintendent of the training school, the agent may be made a classified employee at such school or agency upon such test of fitness as may be determined upon by the Secretary of the Interior and the Commission.* [E.O. 209, Mar. 20, 1903]
2.9 Retired Army officers appointed superintendents. A retired Army officer may be appointed as superintendent of an Indian school, without competitive examination, upon the request of the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, setting forth that such officer has the required educational and business qualifications for such position, and accompanied by the authenticated military record of said officer. The Commission will then issue the necessary certificate.* [E.O. 301, Mar. 3, 1905]
2.10 Appointment without competitive examination in rare cases. Whenever the Commission shall find that the duties or compensation of a vacant position are such, or that qualified persons are so rare, that in its judgment such position cannot, in the interest of good civil service administration, be filed at that time through open competitive examination, it may authorize such vacancy to be filled without competitive examination, and in any case in which such authority may be given, evidence satisfactory to the Commission of the qualifications of the person to be appointed without competitive examination shall be required. A detailed statement of the reasons for its action in any case arising hereunder shall be made in the records of the Commission and shall be published in its annual report. Any subsequent vacancy in such position shall not be filled
*For statutory citation, see note to $ 2.1.
without competitive examination except upon express authority of the Commission in accordance with this section.* [E.O. 1996, July 25, 1914]
REGULATIONS UNDER CIVIL SERVICE RULE II
2.101 Navy-yard employees classified. All artisan and supervisory artisan positions under the jurisdiction of the Department of the Navy are hereby included in the competitive classified service of the United States, unless specifically exempted from examination by law or Executive order. Such positions will hereafter be filled in accordance with the regulations which have been approved, except that employment from the present registered lists, without classification, is authorized for the limited period necessary to establish eligible lists through open competitive examination in the manner provided in the regulations in this chapter.
No artisan or supervisory artisan whose position is included in the classified service by this order shall be classified unless he has established his capacity for efficient service or has been examined and found qualified by the Labor Board and is recommended for classification by the Commanding Officer under whom he is employed.
Eligible registers under the new regulations will be established, and eligibility from registered lists established under Navy Yard Order No. 23, revised, shall not be extended beyond June 30, 1913. Persons employed before that date from the present register lists shall not be eligible to classification except in the manner provided in the regulations.* [E.O. 1659, Dec. 7, 1912]
CROSS REFERENCE: For regulations of the Navy Department for classification of civilian employees, see 34 CFR Part 10.
2.102 Federal employees in the Philippines. On recommendation of the head of a department or independent establishment and with the approval of the Civil Service Commission, any employee of such executive department or independent establishment in the Philippine Islands who on May 15, 1931, is in the Federal service and who for at least 7 years has rendered faithful and exceptionally meritorious service in a classified position, and who has acquired a rating of at least 40 in a civil service examination that would qualify him for probational appointment in the position, may be given a classified status. Such an employee who has served continuously since March 1, 1904, may be given a classified status without examination.* [E.O. 5622, May 15, 1931]
2.103 Recommendations respecting appointment. Hereafter the following procedure shall be strictly observed by officers and employees in the executive civil service in submitting any recommendation affecting the method of appointment to any position or class of positions now included or which may be included in the classified service under the operation of the Civil Service Act or rules, or proposing any exception to the requirements of the said Act or rúles, or labor regulations, in either the classified or unclassified service:
*For statutory citation, see note to $ 2.1.
Every recommendation shall be accompanied by a full statement of the reasons therefor and, if approved by the head of the proper department or independent bureau, shall be referred to the Civil Service Commission, which body shall submit a report thereon to the President.
No recommendation of the character mentioned shall be submitted by any officer or employee, directly or indirectly, to Congress or to any committee or Member of Congress, except in the manner herein provided, unless such recommendation shall be called for from such officer or employee by the Senate, the House of Representatives, or the Congress, in which case it shall only be made through or as authorized by the head of the department.* [E.O. 1153, Jan. 12, 1910]
2.104 When there is doubt as to status. No person shall be appointed or employed in any executive department or office for the performance of any service of the character performed by classified employees, except in accordance with the provisions of the civilservice rules; and before making any appointment or employment for service with respect to which there may be a reasonaħle doubt as to the requirement of examination the head of the department or office shall confer with the Civil Service Commission for the purpose of determining whether examination is required, and when such conference does not result in agreement the case shall be presented to the Attorney General for his opinion.* [E.O., Nov. 29, 1904]
2.105 Assignment of excepted employees. When a person is appointed to an excepted position he must perform the legitimate duties of that position, and of no other position, unless the duties of the other position are performed in addition to and not in lieu of the duties of the excepted position.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
2.106 Incidental assignment to classified work permissible. Unclassified laborers may be assigned to classified work incidentally, but not as a part of their main work, in cases where such work cannot be conveniently and economically done by classified employees, but never without the prior consent of the Commission, obtained before such assignment, and with a view to the doing of the particular classified work in question by unclassified employees.* [E.O. 1065, Apr. 21, 1909]
CROSS REFERENCES: For unclassified laborers, see Part 52. For appointment of laborers who are to perform work of classified employees, see 2.5.
2.107 Noninterchangeability of classified and unclassified positions. No department will be permitted to use a position under Part 50 in exchange for an excepted position the incumbent of which possesses a classified status. Hereafter an excepted appointment must be covered specifically by one of the provisions of Part 50.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
*For statutory citation, see note to $ 2.1.
Civil Service Rule III 3.1 Competitive examination. 3.2 Noncompetitive examination.
Regulations under Civil Service
Rule III 3.101 Examinations for disabled veter
ans held quarterly. 3.102 Limitation on quarterly examina
ployed abroad in excepted posi
tions. 3.104 Examinations for Military and
Naval Academies. 3.105 Instruction of applicants for ex
amination. 3.106 Contents of noncompetitive exam
inations for original appointments.
Positions excepted from examination: See Part 50.
CIVIL SERVICE RULE III Section 3.1 Competitive examination. The Commission shall prepare and hold open competitive examinations for admission to the classified service, which examinations shall be of a practical and suitable character, and shall be held at such times and places as may most nearly meet the convenience of applicants and the needs of the service.* (E.O. 209, Mar. 20, 1903]
*88 3.1 to 3.106, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403 ; 5 U.S.C. 631, 633.
3.2 Noncompetitive examination. Where, in its opinion, the conditions of good administration warrant, the Commission may give noncompetitive examinations to test fitness for (a) transfer, reinstatement or promotion; and (b) appointment to the positions named in Part 51.* [E.O. 1180, Mar. 23, 1910]
REGULATIONS UNDER CIVIL SERVICE RULE III
3.101 Examinations for disabled veterans held quarterly. The Civil Service Commission is authorized to hold quarterly examinations for positions for which there are existing registers of eligibles, such examinations to be open only to the men and women entitled to disability preference as provided in g 6.1, the names of the resulting eligibles to be entered at the head of the existing registers in the order of ratings attained in competition with the disability-preference eligibles, if any, whose names may already appear at the head of such registers.*[E.O. 5610, Apr. 24, 1931]
3.102 Limitation on quarterly examinations. The same individual shall not be admitted to more than two quarterly examinations, authorized under $ 3.101, for the same position, before a competitive examination open to the general public has been announced and held for the position.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) (Regs., CSC, as of June 1, 1938]
3.103 Examinations for persons employed abroad in excepted positions. Employees of the Government serving in excepted positions abroad, who apply informally by letter for examination during the time that applications may be filed under the terms of the announcement of the examination, may make formal application for Page 14
*For statutory citation, see note to 8 3.1.
and take examinations for positions, the receipt of applications for which closed during their absence, immediately upon their return to the continental United States.* (Rule XVI, sec. 1, E.O, 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
3.104 Examinations for Military and Naval Academies. The United States Civil Service Commission is authorized to test the qualifications of applicants for designation for appointment in the United States Military or Naval Academy on nomination of any Member of Congress.* [E.O. 5918, Sept. 7, 1932]
3.105 Instruction of applicants for examination. (a) No officer or employee of the Government shall, directly or indirectly, instruct or be concerned in any manner in the instruction of any person or classes of persons, with a view to their special preparation for the examinations of the United States Civil Service Commission. The fact that any officer or employee is found so engaged shall be con sidered sufficient cause for his removal from the service: Provided, That this section shall not be so construed as to prevent the Federal Board for Vocational Education, the medical departments of the Army and Navy, and any other branches of the Government from utilizing the Government facilities and the services of Federal officers and employees where such facilities or services may be necessary or useful in carrying out the duties imposed upon such departments or branches by law, in the training and testing of disabled soldiers, sailors, and marines. [E.O. 3215, Jan. 13, 1920]
(b) No officer or employee of the Government shall, directly or indirectly, instruct or be concerned in any manner in the instruction of any person or classes of persons, with a view to their special preparation for the examinations of the boards of examiners for the Foreign Service. The fact that any officer or employee is found so engaged shall be considered sufficient cause for his removal from the service.* [E.O. 1277, Dec. 23, 1910]
3.106 Contents of noncompetitive examinations for original appointments. The noncompetitive examinations for original appointment authorized under § 3.2 shall consist of the same tests of fitness as those applied to persons seeking appointment through competitive examination.* [E.O. 1180, Mar. 23, 1910]
PART 4-BOARDS OF EXAMINERS
4.1 4.2 4.3
l'egulations under Civil Service Appointment and duties.
4.101 Conduct of examinations. Executive officers to facilitate 4.102 Examination of board members or examinations.
CIVIL SERVICE RULE IV
Section 4.1 Appointment and duties. The Commission shall designate from among persons in the Federal service, after consulting the head of the department or office in which such persons serve, such boards of examiners as it may deem necessary. Their members shall perform such duties as the Commission may direct, in
*For statutory citation, see note to s 3.1.