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7.109 Probationary period for charmen and charwomen, Custodial Service. Six calendar months shall be regarded as the probationary period for charmen and charwomen in the Custodial Service who are selected from classified registers but are employed only 5 hours a day.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

7.110 Probationary period for collectors of cotton statistics. Collectors of cotton statistics shall be regarded as having completed their probationary period when they have earned as much as $600 for reports furnished, according to contract, provided that such amounts are not received within less than 6 months from date of appointment.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

7.111 Certification of employee already charged to apportionment. In any case where an employee in the apportioned service through certification by the Commission qualifies in an open competitive examination for any other position in the apportioned service, such person shall be certified in the order of his rating without further reference to the apportionment rule.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

7.112 Certification of ineligibles. Whenever an examination has been duly announced and no eligible is secured to fill a vacant position, the Commission may, in its discretion, certify for appointment the competitor or competitors who received the highest ratings in the examination, and the appointing officer shall make selection from such certification if he deems it advisable to fill the vacant position before awaiting the result of another examination.* [E.O. June 13, 1906]

PART 8—TEMPORARY APPOINTMENT

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Sec.

Sec.
Civil Service Rule VIII

8.102 Approval of the Commission re

quired. 8.1 Pending regular filling of va

8.103 General authority for emergency cancy. 8.2 Pending establishment of register. 8.104 No job employment in a perma

appointments in the field. 8.3 Pending full certification.

nent position. 8.4 Job employment.

8.105 General authority for job em8.5 Temporary appointment made ployment. permanent.

8.106 Statement of qualifications reRegulations under Civil Service 8.107 Statement of qualifications re

quired, permanent position, Rule VIII

quired, job employment. 8.101 Promotion of temporary em- 8.108 Members of family. ployees not permissible.

8.109 Statement of duration.

CIVIL SERVICE RULE VIII

Section 8.1 Pending regular filling of vacancy. Temporary appointment without examination and certification by the Commission shall not be made to a competitive position in any case except when the public interest so requires, and then only upon the prior authorization of the Commission; and any appointment so authorized shall continue only for such period as may be necessary to make appointment through certification of eligibles, and in no case without prior approval of the Commission shall extend beyond 30 days from receipt by the appointing officer of the Commission's certificate; and when a vacancy is to be filled by promotion or transfer for which the Commission's certificate is not required and a temporary appointment is authorized by the Commission under the provisions of this section pending the promotion or transfer, such temporary appointment shall in no case continue beyond the period of 30 days without prior approval of the Commission.* [Ê.O. 741, Jan. 27, 1908]

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*For statutory citation, see note to g 7.1.

*88 8.1 to 8.109, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

CROSS REFERENCE: For rule and regulations relating to certification, see Part 7.

8.2 Pending establishment of register. When there are no eligibles upon a register for any grade in which a vacancy exists and the public interest requires that it be filled before eligibles can be provided by the Commission, then the Commission may authorize temporary appointment without examination. Such appointment shall continue only for such period as may be necessary to make appointment through certification, and in no case, without prior approval of the Commission, shall extend beyond 30 days from the receipt by the appointing officer of the Commission's certification of eligibles.* [E.O. 741, Jan. 27, 1908]

CROSS REFERENCE: For rule and regulations relating to certification, see Part 7.

8.3 Pending full certification. When there is at least one eligible and not more than two eligibles on a register for any grade in which a vacancy exists, the Commission shall, upon requisition from the proper appointing officer, certify the name of the one eligible or the names of the two eligibles, which shall be considered by the appointing officer with a view to probational appointment; and if the appointing officer shall elect not to make probational appointment from such certificate of less than three names, then if temporary appointment is required it shall be made from such certificate unless reasons satisfactory to the Commission are given why such appointment should not be made. Such temporary appointment may continue until three eligibles are provided. If selection is not made from the certificate for either probational or temporary appointment under the provisions of this section, then temporary appointment, if required, may be made under the provisions of $ 8.2.* [E. O. 741, Jan. 27, 1908]

CROSS REFERENCE: For rule and regulations relating to certification, see Part 7.

8.4 Job employment. When there is work of a temporary character, at the completion of which the services of an additional employee will not be required, a temporary appointment may be made with the prior consent of the Commission for a period not to exceed 3 months, and may with like consent of the Commission be extended for a further period of 3 months. Such temporary appointment shall be made through certification from the Commission's eligible registers unless the Commission shall decide in any case that there are no available eligibles. Such temporary appointment shall not extend beyond 6 months, unless there are no eligibles available for the additional period or under unusual circumstances which seem to

*For statutory citation, see note to 8 8.1.

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the Commission to justify an extension beyond 6 months; and in no case shall such temporary appointment extend beyond 6 months for any purpose other than to complete the job of work for which the person was originally employed. The Commission may restrict certification for temporary appointment to such eligibles as by reason of residence or other conditions are immediately available. [E.O. 741, Jan. 27, 1908]

CROSS REFERENCE: For rule and regulations relating to certification, see Part 7.

8.5 Temporary appointment made permanent. The acceptance by an eligible of a temporary appointment shall not affect his standing on any register for permanent employment, and experience gained as a temporary appointee shall in no way vary the order of certification for permanent appointment. A temporary appointment may be made permanent when the temporary appointee is within reach for permanent appointment at the time of his temporary appointment or in case he is so within reach during his temporary service. In such case the probational appointment may date from the time when he became within reach for probational appointment. A person who has been temporarily employed under the provisions of one section of this rule (88 8.1-8.5) shall not for that reason be ineligible for employment under any other section. Any appointment under $ 8.1, 8 8.2, or $ 8.3 shall be promptly reported by letter to the Commission, as made, with a statement of the action taken for making a permanent appointment. The Commission is authorized to inspect the records of any department or office to aid it in observing and enforcing the operation of the provisions of this rule (88 8.1-8.5) and reporting thereon to the President.* [E.O. 741, Jan. 27, 1908]

REGULATIONS UNDER CIVIL SERVICE RULE VIII 8.101 Promotion of temporary employees not permissible. No salary increase shall be allowed during temporary employment in positions subject to the Classification Act of 1923, as amended, nor shall any change be made in the duties of a temporary employee without the prior consent of the Commission.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) (Regs., CSC, as of June 1, 1938]

8.102 Approval of the Commission required. In positions in the departments and offices in Washington, D. C., appointments under $ 8.1 shall be made only with the prior consent of the Commission and from the Commission's eligible lists when there are eligibles available for temporary service; and in case there are no eligibles the Commission may require the person proposed for temporary appointment to pass an appropriate examination prior to the authorization of his appointment. The passing of such examination shall not, however, give such person a status in the classified service, but shall be regarded simply as a test of fitness for the position to be temporarily filled.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., ČSC, as of June 1, 1938]

8.103 General authority for emergency appointments in the field. In temporary appointment to positions outside of WashingPage 28

*For statutory citation, see note to 8 8.1.

ton, D. C., (which must be filled without delay and where time does not permit the securing of specific prior authority) authority for which is not provided for by special regulations, including positions filled under the district system (see $ 7.3), general authority to constitute the prior authority of the Commission is hereby given for making (emergency) appointments under the provisions of 8 8.1 for periods not to exceed 30 days, except that such authority shall not cover appointments to positions filled through the offices of the district managers when the vacancies are in cities in which the district headquarters are located. Temporary appointments made under the above authority in the Forest, Indian, and Soil Conservation Services to positions not under the district system may be extended for a similar period of 30 days. All appointments and extensions shall be reported by letter when made.* (Rule XVI, sec. 1, E.O. 209, Mar. 3, 1920, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

8.104 No job employment in a permanent position. When a position is permanent in nature and the work will continue indefinitely, there is no authority for making a temporary job appointment, and steps shall be taken immediately for filling the position permanently. Pending the filling of such position through certification, reinstatement, transfer, or promotion, a temporary appointment may be made, under the authority of $ 8.1 or $ 8.2, but such appointment shall continue only for such period as is necessary to fill the vacancy permanently by one of the methods indicated. No temporary appointment shall be made under the authority of $ 8.1 or $ 8.2 until some action has been initiated for filling the vacancy permanently.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

Cross REFERENCES: For rules and regulations relating to certification, reinstatement, transfer, or promotion, see Parts 7, 9–11.

8.105 General authority for job employment. In all services or offices outside of Washington, D. C., for positions for which registers are not maintained by local boards and which are not under the district system, but for which certification is issued directly from the Commission, where a job or special work will be completed in 30 days or less, general authority to constitute the prior consent of the Commission is hereby granted for temporary appointment under the provisions of § 8.4, but such appointment shall be reported by letter to the Commission when made.* (Rule XVI, sec. 1, E.O. 209,

. Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

8.106 Statement of qualifications required, permanent position. When a request is received by the Commission for filling permanently a scientific, technical, or professional position, for which qualifications have not already been prescribed, the department or independent establishment making the request shall submit to the Commission a statement of the requisite qualifications. If it is found that there is no suitable register of eligibles from which to make certification nor any eligibles whose pa pers can be rerated by authority of the Commission to secure eligibles with proper qualifications, and the approval of a temporary appointment is desired, the depart

*For statutory citation, see note to $ 8.1.

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[435]

ment or independent establishment shall furnish the Commission a full statement of the information on which it has based its own selection of the proposed temporary appointee, or shall submit a statement properly executed by the proposed temporary appointee on such forms as may be prescribed by the Civil Service Commission. Temporary appointment without prior approval of the Commission after submission of the required evidence of qualifications may be made only outside of Washington, D. C., and only when there is urgent need of an employee.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) (Regs., CSC, as of June 1, 1938]

8.107 Statement of qualifications required, job employment. In requesting authority for a job appointment requiring certain prerequisite qualifications, the appointing officer shall furnish statement of duties to be performed, accompanied by a statement of education and experience of the proposed appointee properly executed by said appointee on the form prescribed by the Civil Service Commission.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]

8.108 Members of family. No person having two or more members of his family in the classified service of the United States shall be appointed to a temporary position.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) (Regs., CSC, as of June 1, 1938]

8.109 Statement of duration. When making requisitions for certification under $ 8.4, or when making requests for the approval of temporary job appointments, the departments shall state the actual or probable duration of the employment, and certify that the work for which the person is to be employed is temporary in nature, and that at the completion of this work the services of an employee in the position will be no longer required.* (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 9-REINSTATEMENT

9.1

Sec.

Sec.
Civil Service Rule IX

9.104 Persons nearing retirement age. Certificate required ; conditions.

9.105 Persons who have reached retire

ment age. Regulations under Civil Service

9.106 Reinstatement of Indians. Rule IX

9.107 Time limit waived for heroic con9.101 When certificate shall be granted.

duct. 9.102 Service credit.

9.108 Persons allocated "out-of-status." 9.103 Eligibility of those dropped from 9.109 Reemployment regulations

aurolls of the U. S. Employees'

thorized
Compensation Commission. 9.110 The reemployment list.

CIVIL SERVICE RULE IX Section 9.1 Certificate required; conditions. A person having a classified (competitive) civil service status, or eligibility for such status through competitive examination, at the time he is separated without delinquency or misconduct from a civilian position in the Federal service may be reinstated upon certificate of the Commission subject to the following limitations [E.O. 7389, June 15, 1936, 1 F.R. 602]:

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*For statutory citation, see note to 8 8.1.

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