§ 319.401 Senior-level positions

5 CFR 319.401(a)(a) General. SL positions may be in either the competitive or excepted service. This section only applies to appointments in the competitive service from a civil service register. Reassignments, promotions, transfers, and reinstatements to SL positions in the competitive service shall be made in accordance with applicable statutory and regulatory provisions. Employment of SL employees in the excepted service is covered by 5 CFR, part 302.

5 CFR 319.401(a)(1)(1) Agency heads are delegated authority to recruit and examine applicants for SL positions in the competitive service, establish competitor inventories, and issue certificates of eligibility in conformance with the requirements of this section, other applicable regulations, and statute.

5 CFR 319.401(a)(2)(2) Agencies shall take such action as OPM may require to correct an action taken under delegated authority.

5 CFR 319.401(a)(3)(3) Delegated authority may be terminated or suspended at any time by OPM for reasons such as, but not limited to:

5 CFR 319.401(a)(3)(i)(i) Evidence of unequal treatment of candidates; or

5 CFR 319.401(a)(3)(ii)(ii) Identifiable merit system abuses.

5 CFR 319.401(b)(b) Recruitment.

5 CFR 319.401(b)(1)(1) A recruiting plan, with appropriate emphasis on affirmative recruitment, must be developed and followed.

5 CFR 319.401(b)(2)(2) Vacancy announcements must remain open for a minimum of 14 calendar days. The closing date may not be a nonworkday.

5 CFR 319.401(b)(3)(3) State Job Service offices must be notified of the vacancy in accordance with 5 CFR 330.102. Publication in OPM's listing of Senior Executive Service and other executive vacancies, which is provided the offices, will satisfy this requirement.

5 CFR 319.401(c)(c) Evaluation and selection. Examination and selection procedures, and rights of applicants, are subject to the same provisions in statute and regulation that govern civil service examinations and appointments in general.

5 CFR 319.401(d)(d) Records.

5 CFR 319.401(d)(1)(1) Agencies must maintain records sufficient to allow reconstruction of the merit staffing process.

5 CFR 319.401(d)(2)(2) Records must be kept for 2 years after an appointment, or, if no appointment is made, for 2 years after the closing date of the vacancy announcement.