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connection with the execution of the Civil Service Act and of the rules in this chapter, and in the performance thereof they shall be under the direct and sole control of the Commission. Such duties shall be considered part of the duties of the office in which they are serving, and time shall be allowed therefor during office hours. No board shall be composed solely of adherents of one political party when other persons are available and competent to serve.* [E.O. 209, Mar. 20, 1903]

*88 4.1 to 4.102, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

4.2 Philippine civil service. The Commission shall render all practicable assistance to the Philippine civil service board, and shall conduct examinations, upon its request, under such regulations as may be jointly agreed upon.* [E.O. 209, Mar. 20, 1903]

4.3 Executive officers to facilitate examinations. Persons in the executive civil service shall facilitate the holding of examinations and other work of the Commission; and executive officers in charge of public buildings shall permit and arrange for the use of suitable rooms under their charge, and for heating, lighting, and furnishing the same.* [E.O. 209, Mar. 20, 1903]

REGULATIONS UNDER CIVIL SERVICE RULE IV

4.101 Conduct of examinations. Members of local boards of civil-service examiners in charge of written examinations shall not open the package containing examination questions until the class has assembled for the examination, and shall at that time direct the attention of competitors to the fact that the seal is intact. They shall also inform competitors that any who so desire may remain after the close of the examination to witness the sealing of the package containing the examination papers.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) (Regs., ČSC, as of June 1, 1938]

4.102 Examination of board members or their relatives. Members of boards of civil service examiners shall take no part in conducting an examination in which they or any relative are competitors.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs.,

. CSC, as of June 1, 1938]

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PART 5-QUALIFICATIONS OF APPLICANTS

5.2

Sec.

Sec.
Civil Service Rule V

5.103 Applicants for positions of offi5.1 Citizenship.

cers of ships, Coast and Geodetic Form of application.

Survey, on duty in the Philippine 5.3 Disqualifications.

Islands. 5.4 Age limits.

5.104 Applicants of retirement age. 5.5 Trades positions.

5.105 Applicants convicted of felony. Regulations under Civil Service 5.106 Authority for physical examinaRule V

tion. 5.101 Proof of citizenship.

5.107 Examination of enlisted men. 5.102 Applicants for positions on the 5.108 Examination of deafmutes.

Isthmus of Panama.

Page 16

*For statutory citation, see note to 8 4.1.

CIVIL SERVICE RULE V

Section 5.1 Citizenship. No person shall be admitted to examination unless he be a citizen of or owe allegiance to the United States: Provided, That when an examination has been duly announced to fill a vacancy and there is a lack of eligibles who are citizens, the Commission may, in its discretion, examine persons who are not citizens, but they shall not be certified for appointment so long as citizens are eligible.* [E.O. 1997, July 25, 1914)

*8$ 5.1 to 5.108, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 503; 5 U.S.C. 631, 633.

5.2 Form of application. Application for examination must be made under oath, in such form and manner, and accompanied by such certificates, as the Commission may prescribe.* [E.0209, Mår. 20,

E.O. Mar. 1903]

5.3 Disqualifications. The Commission may refuse to examine an applicant or to certify an eligible for any of the following reasons: (a) dismissal from the service for delinquency or misconduct within 1 year next preceding the date of his application; (b) physical or mental unfitness for the position for which he applies: Provided, That the Commission may, in its discretion, exempt from the physical requirements established for any position a disabled, honorably discharged soldier, sailor, or marine upon a certificate of the United States Veterans' Administration attesting that he has completed an appropriate and sufficient rehabilitatory course of training for the duties of the class of positions in which employment is sought: And provided further, That the Commission may, in its discretion, waive the physical requirements in the case of a disabled veteran not so trained to permit his examination; (c) criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; (d) intentionally making a false statement in any material fact, or practicing any deception or fraud in securing examination, registration, certification, or appointment; (e) refusal to furnish testimony as required by $ 14.1; (f) the habitual use of intoxicating beverages to excess (any of the last five foregoing disqualifications shall also be good cause for removal from the service) [E.O. 3801, Mar. 3, 1923]; (g) where there are already two members of the applicant's family in the public service in the grades covered by the Civil Service Act.i* [E.O. 5764, Dec. 22, 1931]

Cross REFERENCE: For Veterans' Administration, see 38 CFR Chapter I.

5.4 Age limits. The Commission may, with the approval of the proper appointing officer, change by regulation the existing age limits for entrance to the examinations under the rules in this chapter; but persons preferred under the Urgent Deficiency Act of July 11, 1919, may be examined without regard to age.* [E.O. 3152, Aug. 18, 1919]

*

1

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The family consists of those who live under the same roof with the paterfamilias—those who form

his fireside; but when they branch out and become heads of new establishments, they cease to be part of the father's family. (26 Op. Atty. Gen. 303, July 12, 1907)

*For statutory citation, see note to 8 5.1.

Page 17

5.5 Trades positions. Applicants for positions in the recognized mechanical trades must have served as apprentices or journeymen for such periods as the Commission may prescribe.* [E.O. 209, Mar. 20, 1903]

REGULATIONS UNDER CIVIL SERVICE RULE V 5.101 Proof of citizenship—(a) Certificate of naturalization. Naturalized citizens shall submit a final certificate of naturalization. If the certificate is issued in a name which differs in any particular from the applicant's name as it appears in his application, proof of identity with the person to whom the naturalization certifi cate was issued shall be required, to consist of affidavits of two disinterested citizens to the effect that the applicant is the identical person to whom the certificate was issued.

(b) Naturalization during minority. Final naturalization certificate of a parent, together with affidavits of two disinterested citi

a zens stating that the applicant is the reputed child of the person so naturalized, shall be furnished by a citizen who secured such status by the naturalization of parent during applicant's minority. In case the applicant was named as a minor child on his parents naturalization certificate at the time when it was issued, the two affidavits will be unnecessary.

(c) Children of American citizens temporarily residing abroad. If the applicant is a child of American citizens temporarily residing abroad at the time of the applicant's birth, he shall furnish affidavits of two disinterested citizens to the facts as claimed. If the parents are naturalized citizens, their citizenship shall be proved.

(d) Naturalization of women. A woman who has lost her American citizenship by marriage to an alien shall furnish proof of her subsequent naturalization. A woman securing citizenship by the naturalization of her husband prior to September 22, 1922, or by marriage to a naturalized citizen prior to September 22, 1922, shall submit the marriage certificate or other satisfactory evidence of marriage, accompanied by the final naturalization certificate of the husband. A woman naturalized by marriage to a native American citizen prior to September 22, 1922, shall be required to submit the marriage certificate, accompanied by the affidavits of two disinterested citizens stating that the husband is a native citizen. Such affidavits should, if possible, show place and date of the husband's birth.

(e) Citizens of Hawaii, Philippine Islands, Puerto Rico, and the Virgin Islands. Citizens of the Territory of Hawaii on and after August 12, 1898, shall be admitted to examinations as citizens of the United States. Citizens of the Philippine Islands shall be admitted to examinations only for positions in departments where their employment is not prohibited by law. Citizens of Puerto Rico shall be admitted to examinations as citizens of the United States. Natives and inhabitants of the Virgin Islands who did not elect to remain Danish citizens shall be admitted to examinations as citizens

Page 18

*For statutory citation, see note to g 5.1

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of the United States.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

5.102 Applicants for positions on the Isthmus of Panama. The requirements as to United States citizenship shall be waived for applicants for positions on the Isthmus of Panama under such regulations as may be provided by the Commission.* [E.O. 283, Dec. 8, 1904]

5.103 Applicants for positions of officers of ships, Coast and Geodetic Survey, on duty in the Philippine Islands. The requirements as to United States citizenship shall be waived for applicants for examination for the positions of officers of ships of the Coast and Geodetic Survey on duty in the Philippine Islands under such regulations as may be provided by the United States Civil Service Commission.* [E.O. 294, Feb. 15, 1905]

5.104 Applicants of retirement age. No person shall be admitted to examination who has reached the age of retirement provided by the Retirement Act of May 22, 1920, as amended. The name of no such person, whether or not entitled to preference, shall be certified except for temporary appointment.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

5.105 Applicants convicted of felony. No person who has been convicted of a felony shall be admitted to examination until 2 years have elapsed since his release from prison, parole, or probation, unless unusual or exceptionally meritorious circumstances appear to warrant special consideration.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

5.106 Authority for physical examination. The heads of the several executive departments and independent establishments having a medical personnel shall make such physical examinations of applicants for and employees in the Federal classified service as may be requested by the Civil Service Commission or its authorized representatives.* [E.O. 4071, Sept. 4, 1924]

5.107 Examination of enlisted men. Enlisted men shall be admitted to examinations for which they are shown to be eligible; the question of their discharge, if offered civil employment, shall be determined by the military or naval authorities.* (E.O. 2357, Apr. 11, 1916]

5.108 Examination of deafmutes. Deafmutes may be admitted to examination for all positions in the classified civil service of the United States whose duties in the opinion of the heads of the several executive departments they may be considered capable of performing, and each department shall furnish to the Civil Service Commission a list of such positions, which list shall not be changed without previous notice to the Commission, and in accordance with which the Commission shall certify or withhold from certification deafmutes as they are reached in their order.* [E.O. 1060, Apr. 7, 1909]

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*For statutory citation, see note to 8 5.1.

Page 19

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Section 6.1 Rating. Examination papers shall be rated on a scale of 100, and the subjects therein shall be given such relative weights as the Commission may prescribe. Honorably discharged soldiers, sailors, and marines shall have 5 points added to their earned ratings in examinations for entrance to the classified service. Applicants for entrance examination who are honorably discharged and who establish by official records the present existence of a service-connected disability, or who are over 55 years of age and, because of disability, are entitled to pension, compensation, or disability allowance, under existing laws, and widows of honorably discharged soldiers, sailors, and marines, and wives of honorably discharged soldiers, sailors, and marines who because of serviceconnected disability, or who are over 55 years of age and because of disability, are themselves not qualified but whose wives are qualified for appointment, shall have 10 points added to their earned ratings; and this shall also apply to retired officers and enlisted men who establish through official sources the present existence of a serviceconnected disability in the same manner as is required of others who are granted disability preference. In examinations where experience is an element of qualifications, time spent in the military or naval service of the United States during the World War or the war with Spain shall be credited in an applicant's ratings where the applicant's actual employment in a similar vocation to that for which he applies was temporarily interrupted by such military or naval service but was resumed after his discharge. Competitors shall be duly notified of their ratings.* [E.O. 5776, Jan. 18, 1932]

. *88 6.1 to 6.103, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

6.2 Eligible registers. All competitors rated at 70 or more shall be eligible for appointment, and their names shall be placed on the proper register according to their ratings; but the names of persons entitled to disability preference as defined in § 6.1 shall be placed above all others.* E.O. 5610, Apr. 24, 1931)

6.3 Term of eligibility. The term of eligibility shall be 1 year, beginning with the date on which the name of the eligible is entered on the register. This term may be extended, in the discretion of the Commission, for all those on any register when the conditions of good administration render it inexpedient to hold a new examination.* [E.O. 3801, Mar. 3, 1923]

*

Page 20

*For statutory citation, see note to 8 6.1.

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