§ 330.402 Exceptions to restriction

5 CFR 330.402(a)(a) An agency may fill a restricted position with a nonpreference eligible under the following circumstances:

5 CFR 330.402(a)(1)(1) By competitive examination when no preference eligible applies;

5 CFR 330.402(a)(2)(2) By position change (promotion, demotion, or reassignment) to a position in the organizational entity (i.e., the part of an agency from which selections are normally made for promotion or reassignment to the position in question) in which the nonpreference eligible is employed;

5 CFR 330.402(a)(3)(3) By reemployment in the agency where the nonpreference eligible was formerly employed when he or she is being appointed from the Reemployment Priority List under subpart B of this part;

5 CFR 330.402(a)(4)(4) By reinstatement in the agency where the nonpreference eligible was formerly employed when he or she was last separated because of disability retirement; or

5 CFR 330.402(a)(5)(5) By reappointment of certain temporary employees as provided for in part 316 of this chapter.

5 CFR 330.402(b)(b) Except as indicated in paragraph (a) of this section, OPM must authorize any other agency noncompetitive action (e.g., under an authority specified in part 315 of this chapter) to fill a restricted position with a nonpreference eligible.