§ 2.110 of this chapter unless he is a veteran or has previously served in the apportioned service. However, the Commission may, upon request of the agency, waive the apportionment when the transfer, promotion, demotion, or reassignment is in the interest of good administration.

(3) He must complete the probationary period in the new position if he is promoted, demoted, reassigned, or transferred before completion of probation.

§ 8.102 Commission approval required for certain promotions, demotions, reassignments, and transfer. (a) A certificate by the Commission authorizing the promotion, demotion, reassignment, or transfer must be obtained by an agency when a waiver of the apportionment is necessary and requested in the interest of good administration.

(b) Prior approval for promotion, demotion, reassignment, or transfer must be obtained from the Commission when:

(1) It is desired to make an exception to the qualifications standards for the position to which promotion, demotion, reassignment, or transfer is proposed.

(2) The Commission has not issued qualifications standards for such position unless reassignment, demotion, or transfer is to be made to a position in the same (or lower) grade in the same line of work as the position presently or previously occupied by the employee.

(3) When the promotion, demotion, reassignment, or transfer of a non-veteran is desired to a position the filling of which is restricted by § 2.102 (c) (1) of this chapter.

§ 8.103 Agency authority for promotion, demotion, reassignment, or transfer. (a) The Commission hereby delegates authority to agencies to promote, demote, reassign, or transfer an employee who meets the requirements of § 8.101 except where a certificate of the Commission is required by § 8.102 (a), or prior approval of qualifications must be obtained in cases falling under § 8.102 (b).

(b) The Commission may disapprove any promotion, demotion, reassignment, or transfer, or suspend or withdraw this authority whenever, after post-audit, it finds that the regulations in this part have not been followed.

§ 8.104 Status and tenure unchanged. (a) The status or tenure of an employee

will not be changed by promotion, demotion, reassignment, or intra-agency transfer under this part. No time limit administratively placed on an appointment by inter-agency transfer shall affect the employee's right to permanent tenure in the agency in which employed unless he was transferred to a position with a time limitation of six months or less.

§ 8.105 Detail (a) Employees who have served six months or more after probational appointment or conversion to competitive status. Employees who have served six months or more after probational appointment or conversion to competitive status may be detailed to positions in different lines of work or to higher grade positions only under the following circumstances:

(1) Details for ninety days or less. Such employees may be detailed for ninety days or less without prior approval of the Commission and without reference to qualifications standards. These details may not be renewed, and only one such detail to a position of a similar kind may be made without the prior approval of the Commission.

(2) Details for more than ninety days, but not to exceed six months. Such employees may be detailed for more than ninety days, but not to exceed six months, without the prior approval of the Commission, if they meet the qualifications standards (except the written test requirement) for promotion or reassignment to the position. If such employees do not meet the qualifications standards of the Commission for promotion or reassignment to the position, details may be made only after the prior approval of the Commission has been secured.

(b) Employees who have not served six months after probational appointment or conversion to competitive status. Employees who have not served six months after probational appointment from a register of eligibles or after conversion to competitive status under §§ 3.102 or 3.104 of this chapter may be detailed to positions in different lines of work or to higher grade positions only under the following circumstances:

(1) Details for ninety days or less. Such employees may be detailed for ninety days or less without prior approval of the Commission and without reference to qualifications standards. These details may not be renewed, and only one such detail to a position of a similar kind

AUTHORITY: §§ 9.101 to 9.107, inclusive, issued under R. S. 1753, sec. 2, 22 Stat. 403, 50 Stat. 533; 5 U. S. C. 631, 633

SOURCE: $9.101 to 9.107, inclusive, contained in Regulations, Civil Service Commission, effective May 1, 1947, 12 F.R. 2846, except as noted following provisions affected.

$9.101 Agency responsibility for separation or demotion of employees. (a) The employing agency shall remove, demote, or reassign to another position any employee in the competitive service whose conduct or capacity is such that his removal, demotion, or assignment will promote the efficiency of the service. The grounds for disqualification of an applicant for examination stated in 2.104 of this chapter shall be included among those constituting sufficient cause for removal of an employee.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

§ 9.101 Agency responsibility for separation or demotion of employees. (a) The employing agency shall remove, demote, or reassign to another position any employee in the competitive service whose conduct or capacity is such that his removal, demotion, or reassignment will promote the efficiency of the service. The grounds for disqualification of an applicant for examination stated in §2.104 of this chapter shall be included among those constituting sufficient cause for removal of an employee. [Paragraph

(a) amended, effective Sept. 6, 1947, 12 F.R. 5938]

(b) The discretion vested in the appointing officer to remove employees under his jurisdiction, or to take other disciplinary action, is subject only to the following restrictions:

(1) Employees serving under other than a probational or temporary appointment in the competitive service shall not be removed, or demoted except for such cause as will promote the efficiency of the service and in accordance with the procedure prescribed in § 9.102.

[Preceding subparagraph, in small type, superseded by following subparagraph during period covered by this Supplement]

(1) Employees serving under other than a probational or temporary appointment in the competitive service, and employees having a competitive status who occupy positions in Schedule A or B, shall not be removed or demoted except for such cause as will promote the efficiency of the service and in accordance with the procedure prescribed in § 9.102. [Subparagraph (1) amended, effective Sept. 6, 1947, 12 F.R. 5938]

(2) Discrimination shall not be exercised in removals or demotions because of an employee's religious opinions or affiliations, 'or because of his marital status or race, or except as may be required by law, because of his political opinions or affiliations.

(3) Like penalties shall be imposed for like offenses whenever removals or demotions are made, or when other disciplinary actions are taken.

§ 9.102 Procedure in separating or demoting permanent and indefinite employees. (a) One of the following procedures shall be followed in connection with the removal, involuntary separation (other than retirement for age or disability), furlough in excess of 30 days, or demotion of any permanent or war service indefinite employee in the competitive service unless he is serving a probational or trial period. The procedural requirements of this section shall not apply to any person serving under temporary appointment, or whose removal is requested by the Commission under § 5.4 of this chapter.

(1) Charges preferred against nonveteran employees. Prior to separation or demotion for cause, the agency shall notify the employee in writing of the action proposed to be taken. This notice shall set forth specifically and in detail the charges preferred against him. The employee shall be allowed a reasonable time for personally answering such charges in writing and for furnishing affidavits in support of his answer. He shall

not, however, be entitled to an examination of witnesses nor a trial or hearing except in the discretion of the agency. If the employee answers the charges, his answer must be considered by the agency. If, upon consideration of the evidence, the agency determines that the removal or other action is warranted, the employee shall be notified in writing of the reasons for the action taken and its effective date. Copies of the charges, notice of hearing (if any), answer, reasons for removal or other action, and of the notice of action taken shall be made a part of the records of the department or agency concerned.

[Preceding text, in small type, superseded by following text during period covered by this Supplement]

§ 9.102 Procedure in separating or demoting permanent and indefinite employees. (a) One of the following procedures shall be followed in connection with the removal, involuntary separation (other than retirement for age or disability), furlough in excess of 30 days, or demotion of any permanent or war service indefinite employee in the competitive service unless he is serving a probational or trial period, or any employee having a competitive status who occupies a position in Schedule A or B. The procedural requirements of this section shall not apply to any person serving under temporary appointment, or whose removal is requested by the Commission under § 5.4 of this chapter.

(1) Charges preferred against nonveteran employees. Prior to separation or demotion for cause or capacity, the agency shall notify the employee in writing of the action proposed to be taken. This notice shall set forth specifically and in detail the charges preferred against him. The employee shall be allowed a reasonable time for personally answering such charges in writing and for furnishing affidavits in support of his answer. He shall not, however, be entitled to an examination of witnesses nor a trial or hearing except in the discretion of the agency. If the employee answers the charges, his answer must be considered by the agency. If, upon consideration of the evidence, the agency determines that the removal or other action is warranted, the employee shall be notified in writing of the reasons for the action taken and its effective date. Copies of the charges, notice of hearing (if any), answer, reasons for removal or other action, and of the notice of action taken shall be made a part of the rec

ords of the department or agency concerned.

CODIFICATION: In § 9.102, all of the text immediately preceding subparagraph (2) was I amended to read as set forth above, by Regulation, Civil Service Commission, effective Sept. 6, 1947, 12 F.R. 5938.

(2) Removal or other actions affecting veterans. The regulations governing appeals to the Commission under section 14 of the Veterans' Preference Act (Part 22 of this chapter) shall be followed in connection with the removal, suspension for more than 30 days, furlough without pay, or reduction in rank or compensation of any veteran.

(3) Separations or reductions in compensation required by official efficiency ratings. The instructions promulgated by the Commission for the administration of the Uniform Efficiency Rating System required by section 9 of the Classification Act of 1923, as amended, shall be followed whenever the dismissal or reduction in compensation of an employee is based on the official efficiency rating assigned to him under that system.

(4) Reduction in force. The Retention Preference Regulations for use in reductions in force promulgated by the Commission pursuant to section 12 of the Veterans' Preference Act (Part 20 of this chapter) shall be followed whenever the employee's separation or furlough in excess of 30 days is caused by a reduction in force.

reasons

(5) Demotion for administrative reasons. A nonveteran whose demotion is proposed for administrative shall be notified in writing of the reasons why his demotion will promote the efficiency of the service and of his right to appeal his demotion to the head of the agency concerned through the grievance procedures adopted by the agency. The regulations governing appeals to the Commission under section 14 of the Veterans' Preference Act (Part 22 of this chapter) shall be followed whenever a veteran's demotion is proposed for administrative reasons.

§ 9.103 Procedure in separating employee serving a probationary or trial period. (a) Any person serving a probationary or trial period shall be given a full and fair trial in the performance of the duties of the position to which appointed. If the performance of his duties or his conduct is not satisfactory

to the agency his services shall be terminated by notifying him in writing of the reasons for his separation and of its effective date. The Retention Preference Regulations (Part 20 of this chapter) shall be followed whenever a probationer's separation is caused by reduction in force.

$9.104 Procedure in separating temporary appointees. (a) A person serving under a temporary appointment may be separated at any time upon notice in writing from the appointing officer.

$9.105 Authority of Commission to investigate separations. (a) Except as required by section 14 of the Veterans' Preference Act, the Commission shall not investigate or review the sufficiency of the reasons for removal, reassignment, or reduction in rank or compensation of an employee.

(b) The Commission may investigate the removal, reassignment, or demotion of an employee when such employee establishes a prima facie case that: (1) The procedure prescribed by the Commission under § 9.102 (a) (1) has not been followed; or

(2) The removal, reassignment, or demotion was made for political reasons, except as may be required by law, or for religious reasons, or resulted from discrimination because of marital status or

race.

$9.106 Effect of removal on future employment. (a) An employee who has been removed on charges shall not solely for that reason be ineligible for further employment in the competitive service. His suitability for further employment will be determined by the Commission upon receipt of an official request for his reinstatement or when he files application for an examination.

Preceding section, in small type, superseded by following section during period covered by this Supplement]

$9.106 Effect of removal on future employment. When an employee has been removed on charges, the Commission may receive the sworn statement of such employee, setting forth fully and in detail the facts surrounding his removal, may within its discretion make investigation to determine his eligibility for reinstatement insofar as suitability and fitness are concerned, and will after such investigation advise such employee whether the Commission has as a result of the investigation found him to be suitable for reinstatement in the Govern

ment service. No case will be considered under this provision unless submitted to the Commission within six months from the date of removal. [Reg., effective Oct. 21, 1947, 12 F.R. 6849]

§ 9.107 Suspensions. (a) The regulations governing appeals to the Commission under section 14 of the Veterans' Preference Act (Part 22 of this chapter) shall be followed whenever a veteran is suspended for more than 30 days unless he is serving a probationary or trial period. Any nonveteran may be suspended for a period not to exceed 90 days pending action under § 9.102 (a) (1) or for disciplinary reasons. The period of suspension may be extended beyond 90 days with the prior consent of the Commission. The reasons for suspension shall at the time of the suspension be filed in the records of the department or agency concerned.

§ 10.101 Method of filling vacancies. (a) (1) Until agencies have been notified by the Commission that the procedures provided in the regulations in this part for the transitional period may no longer be used for particular positions, a vacancy may be filled by any person eligible under his part or by a temporary appointment pending establishment of a register in accordance with § 2.114 (e) of this chapter. A vacancy in any position for which such notice has been issued shall be filled only by a person having a competitive status or by selection for probational appointment from an eligible register.

(2) The requirements of Parts 7 and 8 of this chapter must be followed whenever a vacancy is filled by a person having a competitive status.

[Preceding subparagraph, in small type, superseded by following subparagraph during period covered by this Supplement]

(2) The requirements of Parts 7 and 8 of this chapter must be followed whenever a vacancy is filled noncompetitively by a person having a competitive status. [Subparagraph (2) amended, effective Sept. 6, 1947, 12 F.R. 5939]

(b) The authority to fill vacancies by temporary appointment, or by persons eligible under this part, may be suspended by the Commission whenever, in accordance with § 2.109 (c) of this chapter, it certifies to an agency the name of veterans examined under section 10 of the Veterans' Preference Act or entitled to priority in certification because of lost opportunity for probational appointment due to military service.

§ 10.102 Reappointment of war service indefinite employees during the transitional period. (a) Except as provided in § 10.101 (a), any former employee who served under a war service indefinite appointment at any time during his last continuous service may be reappointed within 30 days of separation if he meets the qualifications standards of the Commission for promotion or reassignment to the position: Provided, That this period may be extended to 90 days in the case of an employee who proves by a certificate signed by the head of a liquidated agency by which he was last employed that he had been required by the exigencies of the service to serve continuously in active duty during the final two months of the agency's operations and through the final date of its liquidation.

§ 10.103 Promotions, reassignment, and transfer of war service indefinite employees during the transitional period. Except as provided in § 10.101 (a), any employee who, during his current continuous service, has served under a war service indefinite appointment may be promoted, reassigned, or transferred if he meets the qualifications standards of the Commission for promotion or reassignment to the position.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 10.103 Promotion, demotion, reassignment, and transfer of war service indefinite employees during the transitional period. Except as provided in § 10.101 (a), any employee who, during his current continuous service, has served under a war service indefinite appointment may be promoted, demoted, reassigned, or transferred if he meets the qualifications standards of the Commission for promotion or reassignment to the position. [Reg., effective Sept. 6, 1947, 12 F.R. 5939]

and

$10.104 Promotion, reassignment, transfer of temporary indefinite employees during the transitional period. Except as provided in § 10.101 (a), an employee serving under temporary indefinite appointment may be promoted, reassigned, or transferred only within the same agency. Such employee must meet the qualifications standards of the Commission for promotion or reassignment to the position.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 10.104 Promotion, demotion, reassignment, and transfer of temporary indefinite employees during the transitional period. Except as provided in § 10.101 (a), an employee serving under temporary indefinite appointment may be promoted, demoted, reassigned, or transferred only within the same agency. Such employee must meet the qualifications standards of the Commission for promotion or reassignment to the position. [Reg., effective Sept. 6, 1947, 12 F.R. 5939]

§ 10.105 Agency authority to make promotions, reassignments, transfers and reappointments during the transitional period. (a) The Commission hereby delegates authority to agencies to promote, reassign, transfer, or reappoint any employee who meets the requirements of this part. However, prior approval of the qualifications of the person proposed for promotion, reassignment, transfer, or reappointment must be obtained from the

Commission when: