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wise than by members, selection is to be made in accordance with civil-service rules and regulations.* [E.O. 5774, Jan. 13, 1932]

50.14 Office of Public Buildings and Public Parks of the National Capital. Retired enlisted men who have served in the Army, Navy, Marine Corps, or Coast Guard, retired policemen and firemen of the District of Columbia, and retired United States park policemen may be appointed as guards when, in the opinion of the Commission, it is not expedient to make appointments from competitive examinations.* [E.O. 4165, Mar. 9, 1925]

50.15 Farm Credit Administration. (a) Private secretary or confidential clerk each to the three deputy governors, the general counsel, the five commissioners, and the heads of six major divisions. [E.O. 6134, May 18, 1933]

(b) Not exceeding eight positions in the immediate office of the Governor in addition to the private secretary excepted under § 50.1 (q). [E.O. 6134, May 18, 1933]

(c) Agents employed in the field positions the work of which is financed jointly by the Administration and cooperating persons or organizations outside the Federal service. [E.O. 1592, Aug. 26, 1912, E.O. 6084, Mar. 27, 1933]. Prior consent of the Civil Service Commission must be obtained for the appointment of such agents. A full report shall be submitted immediately by the Administration to the Commission, setting forth the name, designation, and compensation of the appointee, and a statement of the duties to which he is to be assigned, and of his qualifications for such duties, in such detail as to indicate clearly that the appointment is properly made. The same procedure shall be followed in the case of the assignment of any agent to duties of a different character.* [E.O. 5123, May 21, 1929]

50.16 Federal Power Commission. One position of assistant secretary.* [E.O. 6732, June 7, 1934]

50.17 Federal Communications Commission. One secretary of the Federal Communications Commission.* [E.O. 6083, Mar. 25, 1933]

50.18 National Railroad Adjustment Board. One private secretary or confidential clerk to each member.* [E.O. 6892, Oct. 30, 1934]

50.19 United States High Commissioner to the Philippine Islands. Junior messengers and under clerks with a salary range of $180 to $250 per annum in the office of the United States High Commissioner to the Philippine Islands.* [E.O. 7210, Oct. 24, 1935]

50.20 National Training School for Boys. (a) The Superintendent of the National Training School for Boys. [E.O. 7228, Nov. 18, 1935]

(b) One physician-psychiatrist.* [E.O. 7228, Nov. 18, 1935]

*For statutory citation, see note to § 50.0.

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PART 51-SCHEDULE B: POSITIONS WHICH MAY BE FILLED UPON NONCOMPETITIVE EXAMINATION

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Section 51.0 Original appointments to positions which may be made through noncompetitive examination. The positions designated in this part are subject to noncompetitive tests of fitness.* [E.O. 1180, Mar. 23, 1910]

*§§ 51.0 to 51.12, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.

51.1 Interior Department. (a) Positions in the Bureau of Indian Affairs in Washington, D. C., and in the field, not now excepted from_examination under Part 50, where the applicants are of onefourth or more Indian blood. [E.O. 7423, July 26, 1936, 1 F.R. 885] (b) Any competitive position at an Indian school when filled by the wife of a competitive employee at that school. [E.O. 1180, Mar. 23, 1910]

(c) Six field representatives to act as the immediate and confidential representatives of the Commissioner of Indian Affairs, subject to such evidence of qualifications as the Civil Service Commission may prescribe after consultation with the Commissioner of Indian Affairs. [E.O. 1936, May 13, 1914]

(d) One superintendent of irrigation in the Indian Service, who shall be competent to pass upon water rights. [E.O. 2107, Dec. 18, 1914]

(e) Such administrative or custodial positions in the field service of the United States Housing Authority relating to the management or maintenance of Federal low-rent housing projects, which in the opinion of the Civil Service Commission cannot be filled satisfactorily through open competitive examination: Provided, That no positions shall be filled under this paragraph unless it is clearly demonstrated that the best interests of the service will be served thereby.* [E.O. 7872, Apr. 20, 1938, 3 F.R. 795]

51.2 Interstate Commerce Commission. (a) Not exceeding twenty special agents under the Division of Inquiry, subject to such evidence of qualifications as the Civil Service Commission may prescribe after consultation with the Interstate Commerce Commission: Provided, That should the Civil Service Commission at any time. have reason to believe that the privilege so afforded is abused, it may revoke it. [E.O. 1180, Mar. 23, 1910]

(b) Five assistant engineers to be employed under the Act of March 1, 1913, providing for the valuation of the property of carriers.* [E.O. 1768, Apr. 23, 1913]

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*For statutory citation, see note to § 51.0.

51.3 Department of Commerce. (a) Commercial attachés and assistant commercial attachés, trade commissioners and assistant trade commissioners, district managers and assistant district managers, experts, and commercial agents and special agents, to investigate trade conditions abroad and in the United States, Alaska, Philippines and other insular possessions, with the object of promoting the foreign and domestic commerce of the United States. [E.O. 6214-A, July 25, 1933]

(b) The Director of Air Commerce, two Assistant Directors of Air Commerce, and not exceeding 10 consulting aeronautical experts qualified in some branch of theoretical or applied aeronautical science, aviation medicine, or aviation law, whose training and experience indicate the possession of qualifications necessary to discharge the duties to be assigned.* [E.O. 7853, Mar. 29, 1938]

51.4 War Department. (a) Positions of military storekeeper in the Signal Service at large when filled by retired noncommissioned officers of the Signal Corps. [E.O. 2481, Oct. 31, 1916]

(b) Four positions of headquarters messenger at the headquarters of the Philippine Department, when filled by honorably discharged enlisted men who have been on duty at those headquarters. [E.O. 5777, Jan. 19, 1932]

(c) Any person employed in an area outside the continental limits of the United States (except the Canal Zone and Alaska), when in the opinion of the Secretary of War the best interests of the service so require.* [E.O. 7405, July 6, 1936]

51.5 Department of Justice. Any competitive position at a United States penitentiary when filled by a paroled prisoner who is recommended for such employment by the officers of the penitentiary in which the employment is proposed, by the board of parole, and by the Department of Justice.* [E.O. 2435, Aug. 4, 1916]

51.6 District of Columbia. Surgeons of the police and fire departments of the District of Columbia.* [E.O. 3534, Aug. 16, 1921] 51.7 Treasury Department. Classified positions in the custodian service when filled by the promotion of unclassified laborers, subject to the approval of the Commission.* [E.O. 4018, June 4, 1924]

51.8 State Department. (a) Specialists in foreign relations, political, economic, and financial, whose proposed compensation is $3,200 or more, and whose training and experience along the lines. of their proposed duties meet the standard minimum qualifications set up in open competitive examinations for positions in the professional service for corresponding grades. [E.O. 5171, Aug. 8, 1929]

(b) Persons formerly employed abroad as United States diplomatic or consular officers of career or foreign-service officers of career for the period of at least four years, for service in the Department of State as administrative officers or executive advisers in positions comparable in salary with the associate professional grade or higher.* [E.O. 5513, Dec. 13, 1930]

51.9 Navy Department. (a) Such positions of a professional, scientific, technical, or supervisory nature under the Naval Estab

*For statutory citation, see note to § 51.0.

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lishment in the Philippine Islands, as may be agreed upon by the Secretary of the Navy and the Civil Service Commission. [E.O. 5170, Aug. 8, 1929]

(b) Any person employed in an area outside the continental limits of the United States (except the Canal Zone and Alaska), when in the opinion of the Secretary of the Navy the best interests of the service so require. [E.O. 7404, July 1, 1936, 1 F.R. 714]

(c) Classified positions in the field service of the Navy Department and the Marine Corps when filled by the promotion of unclassified laborers, subject to the approval of the Commission.* [E.O. 7661, July 17, 1937, 2 F.R. 1251]

51.10 Farm Credit Administration. (a) Attorneys of all grades. [E.O. 5248, Dec. 28, 1929]

(b) Experts in all branches of agricultural science, economics, finance, law, statistics, accountancy, insurance, and business administration, whose training and experience along the lines of their proposed duties clearly indicate the possession of expert qualifications.* [E.O. 5248, Dec. 28, 1929]

51.11 Post Office Department. One postal rate expert.* [E.O. 5922, Sept. 17, 1932]

51.12 National Training School for Boys. Cottage officers and cottage matrons.* [E.O. 7228, Nov. 18, 1935]

PART 52-APPOINTMENT OF UNCLASSIFIED LABORERS

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Section 52.1 Authority. The Civil Service Commission is authorized to apply the regulations in this part to such cities or parts of the executive civil service as it may deem expedient. It shall be the duty of all officers in the executive civil service to aid the Commission in all proper ways in carrying said regulations into effect.** [Executive approval, June 5, 1922]

**88 52.1 to 52.14, inclusive, issued under the authority contained in R.S. 1753; 5 U.S.C. 631.

52.2 Qualifications of applicants. Applicants must be citizens of the United States, physically and mentally qualified, of good character and habits, and not less than 18, nor more than 50, years of age, except for the position of boy laborer, for which applicants must be not less than 14 (except when a higher minimum is required by State laws) nor more than 18 years of age. These age limitations shall not apply to persons honorably discharged from the Army or Navy or Marine Corps, who may be admitted to examination without reference to age." .** [E.O., June 5, 1922]

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*For statutory citation, see note to § 51.0.

52.3 Appointment of aliens. Whenever citizen eligibles are not obtained as a result of duly announced examinations, aliens may be employed temporarily without regard to the regulations. In all such cases, however, if citizen eligibles later are available, places temporarily filled by aliens shall be immediately vacated and filled by citizen eligibles. In no circumstances shall alien labor be engaged under wage rate less than the prevailing rate for like labor paid to citizen labor in the immediate vicinity.* [E.O. 4344, Nov. 20, 1925] 52.4 Causes of rejection. An applicant may be rejected for any of the following reasons:

(a) Dismissal from the public service Federal, State, or municipal-for misconduct within 1 year preceding.

(b) Physical or mental unfitness.

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(c) Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct.

(d) Intentionally making a false statement in any material fact or practicing deception or fraud in securing registration or appointment.* [E.O., June 5, 1922]

52.5 Political or religious affiliations. The political or religious opinions or affiliations of any applicant, eligible, or employee shall not be inquired into nor considered.* [E.O., June 5, 1922]

52.6 Method of rating. Applicants shall be rated upon their physical ability to perform manual labor as determined by physicians designated by the Commission.* [E.O., June 5, 1922]

52.7 Eligibility. The names of eligibles, with the kinds of labor in which proficient, rated at 85 or more, shall be registered by sex in the order of their ratings on physical condition, except that honorably discharged soldiers, sailors and marines, their widows, and the wives of soldiers, sailors and marines disqualified by injuries received in service and line of duty, shall have priority. Eligibility shall be for 1 year, but the period may be extended by the Commission for all those on any register if it is deemed inexpedient to hold a new examination.* [E.O., June 5, 1922]

52.8 Certification, appointment, and assignment. No person who is to perform mere manual labor in cities or parts of the service where the regulations in this part are in force shall be appointed otherwise than in accordance with them. When an appointment is to be made the employing officer shall request certification, specifying sex, duties (including any proposed incidental assignment to classified duties), and the duration of the employment. If the duties are entirely or principally mere manual labor, the highest three eligibles who have not already been considered three times by the employing officer shall be certified. When there is at least one eligible and not more than two eligibles, the name of the one eligible or the names of the two eligibles shall be certified with a view to regular appointment, but if the employing officer shall elect not to make regular appointment, then if temporary appointment is required it shall be made from such certificate unless reasons satisfactory to the Commission or its district manager are furnished why such appointment should not be made. If the duties involve other than mere

*For statutory citation, see note to § 52.1.

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