§ 330.707 Exceptions to ICTAP selection priority

5 CFR 330.707An agency may take the following personnel actions as exceptions to § 330.705:

5 CFR 330.707(a)(a) Place a current or reinstate a former agency employee with RPL selection priority under subpart B of this part;

5 CFR 330.707(b)(b) Effect a position change of a current permanent competitive service agency employee;

5 CFR 330.707(c)(c) Appoint a 10-point veteran preference eligible through an appropriate appointing authority;

5 CFR 330.707(d)(d) Reemploy a former agency employee with regulatory or statutory reemployment rights, including the reemployment of an injured worker who either has been restored to earning capacity by the Office of Workers' Compensation Programs, Department of Labor, or has received a notice that his or her compensation benefits will cease because of recovery from disabling injury or illness;

5 CFR 330.707(e)(e) Appoint an individual for a period limited to 120 or fewer days, including all extensions;

5 CFR 330.707(f)(f) Effect a personnel action under, or specifically in lieu of, part 351 of this chapter;

5 CFR 330.707(g)(g) Appoint an individual under an excepted service appointing authority;

5 CFR 330.707(h)(h) Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:

5 CFR 330.707(h)(1)(1) A Veterans Recruitment Appointment under part 307 of this chapter;

5 CFR 330.707(h)(2)(2) An appointment under 5 U.S.C. 3112 and part 316 of this chapter of a veteran with a compensable service-connected disability of 30 percent or more;

5 CFR 330.707(h)(3)(3) An excepted service appointment under part 213 of this chapter; and

5 CFR 330.707(h)(4)(4) A post-secondary student appointment under 5 U.S.C. 3116 and part 316, subpart I, of this chapter;

5 CFR 330.707(h)(4)(i)(i) Transfer an employee between agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;

5 CFR 330.707(j)(j) Reemploy a former agency employee who retired under a formal trial retirement and reemployment program and who requests reemployment under the program's provisions and applicable time limits;

5 CFR 330.707(k)(k) Effect a personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;

5 CFR 330.707(l)(l) Extend a time-limited appointment up to the maximum period allowed (including any OPM-approved extension past the regulatory limit on the time-limited appointment), if the original action was made subject to ICTAP selection priority and the original vacancy announcement stated that the appointment could be extended without further announcement;

5 CFR 330.707(m)(m) Reappoint a former agency employee into a hard-to-fill position requiring unique skills and experience to conduct a formal skills-based agency training program;

5 CFR 330.707(n)(n) Retain an individual whose position is brought into the competitive service under part 316 of this chapter and convert that individual, when applicable, under part 315 of this chapter;

5 CFR 330.707(o)(o) Retain an employee covered by an OPM-approved variation under Civil Service Rule 5.1 (5 CFR 5.1);

5 CFR 330.707(p)(p) Appoint an appointee of the Senior Executive Service into the competitive service under 5 U.S.C. 3594;

5 CFR 330.707(q)(q) Assign or exchange an employee under a statutory program, such as subchapter VI of chapter 33 of title 5, United States Code (also called the Intergovernmental Personnel Act), or the Information Technology Exchange Program under chapter 37 of title 5, United States Code;

5 CFR 330.707(r)(r) Detail an employee to another agency;

5 CFR 330.707(s)(s) Transfer employees under an OPM-approved interagency job swap plan designed to facilitate the exchange of employees between agencies to avoid or minimize involuntary separations;

5 CFR 330.707(t)(t) Transfer or reinstate an ICTAP eligible who meets the agency's definition of “well-qualified”;

5 CFR 330.707(u)(u) Transfer an employee voluntarily from one agency to another under a Memorandum of Understanding or similar agreement under appropriate authority resulting from an interagency reorganization, interagency transfer of function, or interagency realignment, when both the agencies and the affected employee agree to the transfer;

5 CFR 330.707(v)(v) Transfer or effect a position change of an employee under part 412 of this chapter;

5 CFR 330.707(w)(w) Retain, or finalize the appointment of, an employee serving a probationary period pursuant to § 11.2 of this chapter;

5 CFR 330.707(x)(x) Make an appointment using the college graduate hiring authority under 5 U.S.C. 3115 and part 315 of this chapter; or

5 CFR 330.707(y)(y) Make an appointment using the post-secondary student hiring authority under 5 U.S.C. 3116 and part 316, subpart I, of this chapter.