§ 731.202 Criteria for making suitability and fitness determinations

5 CFR 731.202(a)(a) General. OPM, or an agency to which OPM has delegated suitability authority, must base its suitability determination on the presence or absence of one or more of the specific factors in paragraph (b) of this section. An agency is responsible for making a fitness determination for an excepted service position covered by this part but must apply the specific factors in paragraph (b) as the minimum standards for making the determination. When applying these criteria, an agency must also apply guidance in supplemental issuances, as described in § 731.102(b). If using these factors to also make a Personal Identity Verification (PIV) Credential determination as outlined in OPM issuances regarding PIV credentialing eligibility, an agency must also ensure they have verified the individual's identity.

5 CFR 731.202(b)(b) Specific factors. Only OPM may take a suitability action considering the factors in paragraph (b)(3) or (b)(8) of this section. Agencies may use the factor in paragraph (b)(10) in applicant and appointee suitability cases but not employee cases; however, OPM may use this or any factor in employee cases. When making a suitability determination, OPM or an agency will consider only the following factors to determine if an individual is suitable. When making fitness determinations, an agency must consider all of the following factors as a minimum standard, but it may prescribe additional factors to protect the integrity and promote the efficiency of the service, when job-related and consistent with business necessity.

5 CFR 731.202(b)(1)(1) Misconduct or negligence in employment. This factor includes:

5 CFR 731.202(b)(1)(i)(i) Theft or misuse of Government resources and equipment, or negligent loss of material Government resources and equipment during employment with, or on behalf of, the Federal Government or a state, territorial, or local government; and

5 CFR 731.202(b)(1)(ii)(ii) Refusal to certify compliance with any applicable non-disclosure obligations consistent with 5 U.S.C. 2302(b)(13) and failure to adhere to those compliance obligations in the course of Federal employment.

5 CFR 731.202(b)(2)(2) Criminal conduct.

5 CFR 731.202(b)(3)(3) Material, intentional false statement, or deception or fraud, in examination or appointment.

5 CFR 731.202(b)(4)(4) Dishonest conduct.

5 CFR 731.202(b)(5)(5) Failure to comply with financial obligations or generally applicable civil legal obligations, such as timely filing of tax returns.

5 CFR 731.202(b)(6)(6) Excessive alcohol use, without evidence of rehabilitation, of a nature and duration that suggests the individual would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the individual or others.

5 CFR 731.202(b)(7)(7) Illegal use of narcotics, drugs, or other controlled substances, without evidence of rehabilitation.

5 CFR 731.202(b)(8)(8) Knowing and willful engagement in acts or activities designed to overthrow the U.S. Government by force.

5 CFR 731.202(b)(9)(9) Violent conduct.

5 CFR 731.202(b)(10)(10) Any statutory or regulatory bar or any other provision of law, regulation, Executive order, or other binding legal authority that prevents the lawful employment of the individual in the position in question, such as citizenship or nationality requirements.

5 CFR 731.202(c)(c) Additional considerations. OPM and an agency must consider any of the following additional considerations to the extent OPM or the relevant agency, in its sole discretion, deems any of them pertinent to the individual case:

5 CFR 731.202(c)(1)(1) The nature of the position for which the individual is applying or in which the individual is employed;

5 CFR 731.202(c)(2)(2) The nature and seriousness of the conduct;

5 CFR 731.202(c)(3)(3) The circumstances surrounding the conduct;

5 CFR 731.202(c)(4)(4) The recency of the conduct;

5 CFR 731.202(c)(5)(5) The age of the individual involved at the time of the conduct;

5 CFR 731.202(c)(6)(6) Contributing societal conditions; and

5 CFR 731.202(c)(7)(7) The absence or presence of rehabilitation or efforts toward rehabilitation.

5 CFR 731.202(d)(d) All persons responsible for suitability screening, review, or making suitability determinations under this part must be trained in accordance with national training standards for suitability adjudicators issued in supplemental issuances, as described in § 731.102(b).