§ 359.603 OPM priority placement

5 CFR 359.603(a)(a) Agency certification.

5 CFR 359.603(a)(1)(1) If there is no vacant SES position within the agency for which an appointee covered by § 359.602(b) is qualified, the agency head, or the acting agency head in the absence of the agency head, shall certify to OPM in writing that no such position is available. This certification may not be delegated below the Assistant Secretary level in a department, or an equivalent level above the director of personnel in other agencies.

5 CFR 359.603(a)(2)(2) The 45-day period during which OPM will attempt to place the appointee begins on the day the certification is acknowledged by OPM.

5 CFR 359.603(a)(3)(3) It is the continuing responsibility of an agency that has a surplus career appointee to place the appointee in any vacant SES position in the agency for which the appointee is qualified, even after the appointee is certified to OPM.

5 CFR 359.603(a)(4)(4) An individual remains a career SES appointee in his or her agency during the OPM placement period.

5 CFR 359.603(b)(b) OPM authority. As provided by § U.S.C. 3595(b)(3), OPM may require an agency to take any action that OPM considers necessary to carry out a placement.

5 CFR 359.603(c)(c) OPM referrals.

5 CFR 359.603(c)(1)(1) OPM may formally refer a career appointee to an agency for a specific SES vacancy or general priority consideration. Such a referral may not become a part of the regular competitive staffing process. The appointee must be considered by the agency for a noncompetitive SES appointment.

5 CFR 359.603(c)(2)(2) Any objection by the agency to the qualifications of the appointee must be based on the professional/technical qualifications in the standard for the position. An agency may not rely solely on lack of agency-specific experience for an objection based on lack of professional/technical qualifications if the appointee is otherwise qualified.

5 CFR 359.603(d)(d) Agency response.

5 CFR 359.603(d)(1)(1) In order to expedite placement of surplus career appointees, an agency shall respond to an OPM referral within the time period prescribed by OPM.

5 CFR 359.603(d)(2)(2) If an agency fails to place a referred career appointee in an SES position because of objection to the appointee's qualifications or because of any other reason, the agency response must be in writing and must be signed by the agency head, or the acting agency head in the absence of the agency head. The response may not be delegated below the Assistant Secretary level in a department, or an equivalent level above the director of personnel in other agencies.

5 CFR 359.603(d)(3)(3) If an agency cancels a position while a referral to the position is pending, the appointee will be entitled to priority consideration for the position if it or a successor position is reestablished in the SES within 1 year of the cancellation date and the appointee has not been placed in another SES position.

5 CFR 359.603(e)(e) Corrective action. If an agency fails to provide bona fide priority consideration, OPM may order appropriate corrective action.

5 CFR 359.603(f)(f) Declination by employee. If a career appointee declines a reasonable offer of placement, OPM's placement efforts will cease. The appointee may be removed from the SES at the expiration of the agency notice period.