5 C.F.R. PART 338—QUALIFICATION REQUIREMENTS (GENERAL)
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 338—QUALIFICATION REQUIREMENTS (GENERAL)
Section Contents
§ 338.101 Citizenship.
§ 338.301 Competitive service appointment.
§ 338.601 Prohibition of maximum-age requirements.
Authority: 5 U.S.C. 3301, 3302, 3304; E.O. 10577, 3 CFR, 1954–1958 comp., p. 218.
Subpart A—Citizenship Requirements
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§ 338.101 Citizenship.
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(a) A person may be admitted to competitive examination only if he is a citizen of or owes permanent allegiance to the United States.
(b) A person may be given an appointment in the competitive service only if he or she is a citizen of or owes permanent allegiance to the United States. However, a noncitizen may be given an appointment in rare cases under §316.601 of this chapter, unless the appointment is prohibited by statute.
(c) Paragraph (b) of this section applies to reinstatement and transfer as well as to other noncompetitive appointments, and to conversion to career or career-conditional employment.
[33 FR 12429, Sept. 4, 1968, as amended at 57 FR 10124, Mar. 24, 1992]
Subpart B [Reserved]
topSubpart C—Consideration for Appointment
top§ 338.301 Competitive service appointment.
topAgencies must ensure that employees who are given competitive service appointments meet the requirements included in the Office of Personnel Management's Operating Manual: Qualification Standards for General Schedule Positions. The Operating Manual is available to the public for review at agency personnel offices and Federal depository libraries, and for purchase from the Government Printing Office.
[62 FR 44535, Aug. 22, 1997]
Subparts D–E [Reserved]
topSubpart F—Age Requirements
top§ 338.601 Prohibition of maximum-age requirements.
topA maximum-age requirement may not be applied in either competitive or noncompetitive examinations for positions in the competitive service except as provided by:
(a) Section 3307 of title 5, United States Code; or
(b) Public Law 93–259 which authorizes OPM to establish a maximum-age requirement after determining that age is an occupational qualification necessary to the performance of the duties of the position.
[40 FR 42734, Sept. 16, 1975]
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