§ 332.402 Referring candidates for appointment

5 CFR 332.402OPM or a delegated examining unit (DEU) will use one of the mechanisms identified below to refer a sufficient number of candidates for consideration, in accordance with this section and the agency's delegated examining policies.

5 CFR 332.402(a)(a) Each agency must establish a policy on the use of these procedures.

5 CFR 332.402(b)(b) OPM or a DEU may determine, based on the position to be filled, which of the following mechanisms will best meet the hiring needs of the agency and result in at least three names for consideration.

5 CFR 332.402(b)(1)(1) OPM or a DEU may establish a cut-off score based on the assessment(s) used, supported by job analysis data;

5 CFR 332.402(b)(2)(2) OPM or a DEU may establish a cut-off score based on business necessity;

5 CFR 332.402(b)(3)(3) OPM or a DEU may use a set number of the highest ranked eligible applicants to certify; or

5 CFR 332.402(b)(4)(4) OPM or a DEU may use a set percentage of the highest ranked eligible applicants to certify.

5 CFR 332.402(b)(5)(5) When using a set number of candidates or top percentage of eligible applicants, all applicants with the same score as the last candidate in the cut will also be referred.

5 CFR 332.402(b)(6)(6) In selecting an appropriate mechanism, agencies should consider the number of positions to be filled, the assessment(s) used, historical applicant data, current labor market conditions, and other factors appropriate for the hiring action.

5 CFR 332.402(c)(c) The agency must determine the mechanism before announcing the vacancy, and the job opportunity announcement must state the mechanism to be used.

5 CFR 332.402(d)(d) The mechanism used must be clearly documented in the examining case file and available for reconstruction or third-party review.

5 CFR 332.402(e)(e) Hiring managers will receive sufficient names, when available, to allow them to consider at least three candidates for each vacancy.

5 CFR 332.402(f)(f) In instances when a certificate of eligibles results in fewer than three eligible and available candidates per vacancy and an agency needs to issue a supplemental certification, OPM or a DEU must have decided, before announcing the vacancy, how to expand the group of candidates in accordance with the guidance in the Delegated Examining Operations Handbook.

5 CFR 332.402(g)(g) OPM or a DEU will refer candidates for consideration by simultaneously listing a candidate on all certificates for which the candidate is interested, eligible, and within reach, except that, when it is deemed in the interest of good administration and candidates have been so notified, OPM or a DEU may choose to refer candidates for only one vacancy at a time.