§ 332.405 Three considerations for appointment

5 CFR 332.405An appointing officer is not required to consider an eligible candidate who has been given bona fide consideration by one or more hiring managers for three separate appointments from the same or different certificates for the same position (i.e., the same title, series, and grade).

5 CFR 332.405(a)(a) Bona fide consideration. To use this provision:

5 CFR 332.405(a)(1)(1) The hiring manager must review and consider the candidate's application material;

5 CFR 332.405(a)(2)(2) The hiring manager must sign a written statement documenting the candidate received three considerations and recommending the candidate be removed from further consideration for the position(s) being filled due to a documented lack of a specific skills(s) or attribute(s) needed to perform the work of the position being filled (When more than one hiring manager is involved, a hiring manager may include information or evidence from another hiring manager.);

5 CFR 332.405(a)(3)(3) The Human Resources Director (at the servicing personnel office level) must approve the request to remove the candidate from further consideration; and

5 CFR 332.405(a)(4)(4) The agency must provide written notification to any candidate removed under this section upon request by the candidate.

5 CFR 332.405(b)(b) Document the case file. The agency must document in the case file the three valid selections that were made, and the Human Resources Director's concurrence to remove any candidate from further consideration in accordance with paragraph (a) of this section.

5 CFR 332.405(c)(c) Selection consideration. An agency may use the three considerations provision to remove one or more candidates from further consideration starting with the fourth selection (which may be from the same or different certificates for the same position (i.e., the same title, series, and grade)). The number removed may not exceed the remaining number of positions to be filled as long as bona fide consideration has been given and documented as required by this section.

5 CFR 332.405(d)(d) Inapplicability of the Three Considerations Rule. The three considerations rule does not apply to shared certificates.