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(c) Subject to the provisions of $ 12.5, seasonal employees shall be considered, in making any reduction of force, as in competition with other seasonal employees on the same class of work.
(d) The provisions of § 12.5 shall be observed in making removals from excepted positions.
(e) The provisions of 12.5 shall be observed in making furloughs.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs. CSC, as of June 1, 1938]
PART 13-REPORT OF CHANGES
Civil Service Rule XIII 13.1 Report by appointing officer. 13.2 List of positions.
CIVIL SERVICE RULE XIII
Section 13.1 Report by appointing officer. Every nominating or appointing officer in the executive civil service shall report in detail to the Commission whenever and in such manner as it may prescribe, all changes in the service under his authority, whether they affect positions or employees that are classified, unclassified, excepted, permanent, temporary, or subject to contract. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
13.2 List of positions. Such officers shall also furnish to the Commission, when requested, a list of all the positions and employments under their authority, together with the names, designations, compensations, duties, and dates of appointment or employment
of all persons serving therein. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
13.3 Statement of duties. Reports of appointments and changes in status of mere laborers or workmen shall be accompanied by a statement setting forth specifically the kind of labor performed in detail sufficient to enable the Commission to determine the status of each position as classified or unclassified; and a similar statement of duties performed by any employee or pertaining to any position in the executive civil service shall be furnished to the Commission on request. All essential changes of duties pertaining to persons appointed as mere laborers or workmen without examination under the civil-service rules shall be at once reported to the Commission. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
CIVIL SERVICE RULE XIV
Section 14.1 Duty of officers and employees. It shall be the duty of every officer and employee in the executive civil service, and of every applicant or eligible for a position therein, to give to the Commission or its authorized representatives all proper and competent
*For statutory citation, see note to g 12.1.
information and testimony in regard to matters inquired of arising under the Civil Service Act and rules, and to subscribe such testimony and make oath or affirmation to the same before some officer authorized by law to administer oaths. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
PART 15—WITHHOLDING SALARY
Civil Service Rule XV
Regulations under Civil Service
Rule XV 15.101 Withholding of salary after re
quest for removal.
CIVIL SERVICE RULE XV
Section 15.1 Legal appointment necessary to compensation. If the Commission shall find that any person is holding a position in violation of the Civil Service Act or of the rules promulgated in accordance therewith, it shall, after notice to the person affected and an opportunity for explanation, certify the facts to the proper appointing officer. If such person be not dismissed within 10 days thereafter, it shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or audit the salary or wages of such person thereafter accruing: Provided, That if a question of law respecting the power to appoint or employ is raised in any such case, the President or the head of a department may obtain the opinion of the Attorney General thereon. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
REGULATIONS UNDER CIVIL SERVICE RULE XV
15.101 Withholding of salary after request for removal. Provisions of 8 15.1 will be invoked in case a department or other agency refuses to remove an employee found by the Commission to be disqualified under $ 5.3 (b), (c), (d), (e), or (f). (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633. (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903) [Regs., CSC, as of June 1, 1938]
Civil Service Rule XVI 16.1 Authority to make regulations.
CIVIL SERVICE RULE XVI
Section 16.1 Authority to make regulations. The Commission shall have authority to make regulations for the execution of the rules in this chapter. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
16.2 Navy-yard regulations. No modification of the existing regulations in the Navy Department governing the employment of labor at navy yards shall be made without the approval of the Commission. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 209, Mar. 20, 1903]
CROSS REFERENCES: For classification of certain Navy-yard employees, see § 2.101. For regulations of the Navy Department for classification of civilian employees, see 34 CFR Part 10.
PART 50—SCHEDULE A: POSITIONS EXCEPTED FROM
Sec. 50.0 Certain positions excepted from 50.14 Office of Public Buildings and examination under g 2.3.
Public Parks of the National 50.1 General exceptions.
Capital. 50.2 State Department.
50.15 Farm Credit Administration. 50.3 Treasury Department.
50.16 Federal Power Commission. 50.4 War Department.
50.17 Federal Communications Commis50.5 Navy Department.
sion. 50.6 Department of Justice.
50.18 National Railroad Adjustment 50.7 Post Office Department.
Board. 50.8 Department of the Interior, 50.19 United States High Commissioner 50.9 Department of Agriculture.
to the Philippine Islands. 50.10 Department of Commerce.
50.20 National Training School for 50.11 Interstate Commerce Commission.
Boys. 50.12 Department of Labor. 50.13 Veterans' Administration.
Section 50.0 Certain positions excepted from examination under $ 2.3. The positions designated in this part are excepted from
. examination, but not more than one position shall be treated as excepted under any title unless a different number of positions be indicated.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) Regs., CSC, as of June 1, 1938]
*38 50.0 to 50.20, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
50.1 General exceptions. (a) Two private secretaries or confidential clerks to the head of each of the executive departments and one to each assistant head and one to the Public Printer. [E.O. 1803, July 23, 1913)
(b) One private secretary or confidential clerk to each of the heads of bureaus, appointed by the President in the executive departments, if authorized by law. (E.0. 1784, June 6, 1913]
(c) All persons appointed by the President without confirmation by the Senate. [E.O. 209, Mar. 20, 1903]
(d) All attorneys, assistant attorneys and special assistant attorneys, except those in the Veterans' Administration [E.O. 4611, Mar. 12, 1927.] (See SS 50.2, 50.4, 50.6, 50.8, 51.10 for additional legal positions excepted from competitive examination.)
(e) All Chinese, Japanese, and Hindu interpreters. [E.O. 2132, Feb. 1, 1915]
Also included in the classified service are those in departments and offices required by statute or by Executive order to be filled through competitive examination.
(f) Any person receiving from one department or establishment of the Government for his personal salary compensation aggregating not more than $540 per annum whose duties require only a portion of his time, or whose services are needed for very brief periods at intervals, provided that employment under this provision shall not be for job work such as contemplated in $ 8.4. The name of the employee, designation, duties, rate of pay, and place of employment shall be shown in the periodical reports of changes; and, in addition, when payment is not at a per annum rate, the total service rendered and the distribution of such service during the year shall be shown in the report of changes at the end of each year or when the employee is separated from the service. The additional employment under sinilar conditions of such a person by another department or establishment of the Government will be subject to the approval of the Civil Service Commission. [E.O. 7103, July 18, 1935] This authority shall not cover appointments in the District of Columbia. (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs. CSC, as of June 1, 1938]
(g) Any person employed in a foreign country, or in the Virgin Islands, or in any island possession of the United States in the Pacific Ocean except the Hawaiian Islands, or United States citizens employed in a confidential capacity in the Philippine Islands, when in the opinion of the Civil Service Commission it is not practicable to treat the position as in the competitive classified service; but this exception shall not apply to any person employed in a foreign country contiguous to the United States in the service of the Immigration and Naturalization Service, Department of Labor. [E.O. 7746, Nov. 20, 1937, 2 F.R. 2533]
(h) Positions the duties of which are of a quasi-military or quasinaval character when in the opinion of the Commission they cannot be filled from registers of eligibles. [E.O. 2783, Jan. 10, 1918]
(i) All positions in Alaska which cannot be filled from appropriate existing registers, except those in the Customs Service. Former employees who served in positions excepted under this paragraph may be reinstated at any time upon the recommendation of the appointing officer and the approval of the Civil Service Commission. [E.O. 7257, Dec. 26, 1935
( ) A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer. [É.O. 209, Mar. 20, 1903]
(k) A person holding an excepted position, which he entered prior to November 2, 1894, and in which he has since served continuously, may, subject to the other conditions and provisions of the rules in this chapter be transferred to a competitive position. [E.O. 209, Mar. 20, 1903]
(1) Mechanics and skilled tradesmen or laborers, employed upon construction or repair work in the field services, under such restrictive conditions that, in the opinion of the Commission, they cannot, as a class, be appointed from registers of eligibles. [E.O. 334, June 13, 1905]
(m) Cooks, when in the opinion of the Commission it is not expedient to make appointment upon competitive examination. [E.O. 375, Nov. 27, 1905]
(n) One chauffeur, each, for the personal use of the President, the head of any executive department, the Secretary to the President, and such other chauffeurs as may from time to time be authorized by competent authority, may be appointed without reference to the civilservice rules or the labor regulations. [E.O. 713, Nov. 20, 1907]
(0) All officers and employees in the Federal service upon the Isthmus of Panama, except those who are to perform the duties of clerk, bookkeeper, stenographer, typist, surgeon, physician, trained nurse, or draftsman. Appointments to clerical positions on the Isthmus of Panama paying not more than $100 in gold per month, may be made without examination under the civil-service rules. [E.O. 4928, July 6, 1928]
(p) All chaplains. [E.O. 4005, May 7, 1924]
(9) One private secretary or confidential clerk to the head of each independent establishment, to the assistant to the head of each independent establishment, and to each member of commissions or boards; when such heads, assistants, or members are appointed by the President.* [E.O. 5588, Mar. 31, 1931]
50.2 State Department. (a) All assistants to the legal adviser. [E.O. 5657, June 24, 1931]
(b) All employees of international commissions, congresses, conferences, and boards. [E.O. 4992, Nov. 7, 1928]
(c) Chief and two assistant chiefs of the Foreign Service Buildings Office.* [E.O. 7679, July 30, 1937]
50.3 Treasury Department. (a) In the New York customs district; Stitch counters. [E.O. 1371, June 12, 1911]
, (b) One private secretary or confidential clerk to the superintendent in each mint and in the assay office at New York. [E.O. 1709, Feb. 20, 1913]
(c) Public Health Service: Any local physician employed on a fee basis or a part-time basis where, in the opinion of the Commission, the establishment of registers is impracticable. [E.O. 443
[E.O. 4438, May 8, 1926]
(d) Public Health Service: All attendants employed in hospitals, sanatoriums, and other similar establishments where, in the opinion of the Commission, the establishment of registers is impracticable; employees engaged on problems in preventive medicine financed or participated in by the Treasury Department and a cooperating State, county, municipality, incorporated organization, or an individual, in which at least one-half of the expense is contributed by the cooperating agency either in salaries, quarters, materials, equipment, or other necessary elements in the carrying on of the problem; and 'employees assigned to classified positions during treatment or convalescence at Government sanatoriums. [E.O. 7878, Apr. 29, 1938, 3 F.R. 846]
(e) In the Alaska Customs Service all persons appointed or employed for the season of navigation only. [E.O. 291, Jan. 24, 1905]
*For statutory citation, see note to $ 50.0.