sary to the Commission, an investigation of character and suitability and an oral interview may also be required.

(b) When an agency desires to fill a hearing examiner position by the reinstatement of a person who has a reinstatement status and who formerly served in a position other than a hearing examiner position under the Administrative Procedure Act, it shall submit the name of the person to the Commission, together with an application form executed by him. The Commission will rate the qualifications of the applicant in accordance with the experience and training requirements of the open competitive examination (except the maximum age requirement), including an investigation of character and suitability and an oral interview. The name of the person proposed will be entered on the open competitive register in accordance with the rating received. If his name is then within reach for certification, the Commission will approve the reinstatement; otherwise it will disapprove the request.

(c) The regulations in Part 10 of this chapter governing reemployment after war transfer, and restoration after military service shall apply to reemployment and restoration to hearing examiner positions. Persons applying for reemployment or restoration shall have the same status on the date of application for reemployment or restoration as they would have had under § 34.3 if they were serving in positions that became hearing examiner positions on June 11, 1947, and shall be required to qualify for absolute appointment in the manner prescribed by that section.

§ 34.7 Compensation. (a) Hearing examiner positions shall be allocated by the Commission in accordance with the regulations and procedures adopted by the Commission for allocations under the Classification Act of 1923, a's amended: Provided, That allocations shall be made independently of agency recommendations and ratings.

(b) Hearing examiners shall receive within grade salary advancements in accordance with Part 25 of this chapter; Provided, That the requirements of a good or better than good efficiency rating and of certification by the head of the agency as to satisfactory service and conduct shall not apply.

34.8 Efficiency ratings. Agencies shall not rate the efficiency of hearing examiners.

§ 34.9 Rotation of examiners. Insofar as practicable, examiners shall be assigned in rotation to cases of the level of difficulty and importance that are normally assigned to positions of the salary grade they hold.

§ 34.10 Utilization of examiners of other agencies. (a) At the request of agencies occasionally or temporarily insufficiently staffed, the Commission will arrange, if possible, for the temporary utilization by those agencies of the services of hearing examiners of other agencies.

(b) Agencies, by agreement between themselves, may arrange for the temporary utilization by one agency of a hearing examiner or hearing examiners of another agency. Such agreements must have the prior approval of the Commission before being put into effect.

§ 34.11 Separations — (a) Removals. Agencies shall initiate removal proceedings against a hearing examiner by filing with the Commission, attention Chief Law Officer, a complaint which shall set forth specifically and in detail the facts that are alleged to constitute good cause for the hearing examiner's removal. The Commission will thereupon arrange for a hearing to be held on the questions involved and will decide whether or not the removal is justifiable on the basis of the record of the hearing.

(b) Furlough. In exceptional cases where there are circumstances by reason of which the retention of a hearing examiner in his position, pending adjudication of the existence of good cause for his removal, would be detrimental to the interests of the Government, agencies shall either (1) assign the hearing examiner to duties in which these conditions would not exist, (2) place him on annual leave for the period that will be covered by the annual leave to his credit, or (3) furlough him. Action under this paragraph may be taken only with the prior approval of the Commission.

(c) Dismissals at request of Commission. The procedures in this part governing the removal of hearing examiners shall not apply in making dismissals requested by the Commission under § 5.4 of the Civil Service Rules (E. O. 9830, Part II, 12 F. R. 1259, 1263).

§ 34.12 Reductions in force-(a) Retention credits. Retention credits for purposes of reductions in the force of hearing examiners are credits for length

of service in determining retention order in each retention subgroup. They are computed by allowing one point for each full year of Federal Government service.

(b) Retention preference, classification. For the purpose of determining relative retention preference in reduction in force, hearing examiners shall be classified according to tenure of employment in competitive retention groups and subgroups in the manner prescribed in § 20.3 of the Retention Preference Regulations for Use in Reductions in Force (Part 20 of this chapter): Provided, That no distinction will be made in subgroups on the basis of a good or better efficiency rating as opposed to efficiency ratings of less than good.

(c) Status of hearing examiners who are reached in reduction in force. When a hearing examiner has been separated, furloughed, or reduced in rank or compensation because of a reduction in force, his name shall be placed at the top of the agency promotion register and of the open competitive register for the grade in which he formerly served and for all lower grades. Where more than one hearing examiner is affected, the qualifications of the several hearing examiners shall be rated by the Commission

and relative standing at the top of the registers will be on the basis of these ratings.

(d) Appeals. (1) Any hearing examiner who feels that there has been a violation of his rights under the regulations governing reductions in force may appeal to the Commission (attention, Chief Law Officer) within 10 days from the date he received his notice of the action to be taken.

(2) Each appeal shall state clearly the grounds on which it is based, whether error in the records; violation of the rule of selection; restriction of the competitive area or level; disregard of a specified right under the law or regulations; or denial of the right to examine the regulations, retention register, or records.

(3) The agency in which the hearing examiner is employed shall be notified of the appeal and shall be allowed to file an answer thereto.

(e) Retention preference regulations. The Retention Preference Regulations For Use In Reductions In Force (Part 20 of this chapter), except as modified by this section, shall apply to reductions in the force of hearing examiners.