5 C.F.R. § 1.2
Extent of the competitive service
The competitive service shall include: (a) All civilian positions in the executive branch of the Government unless specifically excepted therefrom by or pursuant to statute or by the Office of Personnel Management (hereafter referred to in this subchapter as OPM) under § 6.1 of this subchapter; and (b) all positions in the legislative and judicial branches of the Federal Government and in the Government of the District of Columbia which are specifically made subject to the civil service laws by statute. OPM is authorized and directed to determine finally whether a position is in the competitive service.
Notes of Decisions
Cited in 8
cases, 1980–2016 · leading case: Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005).
Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005). “” 5 C.F.R. § 1.2 (2005). The excepted service "consists of those civil service positions which are not in the competitive service or the Senior Executive Service.”
Hedman v. United States, 15 Cl. Ct. 304 (Ct. Cl. 1988). “1 (1984); 5 C.F.R. § 1.2 (1984). In order to provide notice to incumbents therein, the Office of Personnel Management (OPM) publishes a cumulative list annually in the Federal Register (Schedules .”
MOW SUN WONG Et Al., Appellants, v. Alan K. CAMPBELL, Dir. of the Off. of Pers. Mgmt. Et Al., Appellees, 626 F.2d 739 (9th Cir. 1980). “As stated in 5 C.F.R. § 1.2 (1979), the federal competitive civil service includes: .”
Dean v. Dep't of the Air Force, 592 F. App'x 923 (Fed. Cir. 2014). “5 C.F.R. § 1.2 (emphasis added). Based on that delegation, the Board concluded that it may review whether OPM, or an agency acting under a further proper delegation of authority, had “made a finding that the position should be excepted from the competitive service for conditions…”
David Dean v. Dep't of Labor, 2015 MSPB 22 (MSPB 2015). “Dean, 2014 WL 5786656 , at *2; see 5 C.F.R. § 1.2 . The court held that, when OPM makes a proper finding that a position should be excepted from the competitive service for conditions of good administration, the Board lacks authority to override OPM’s discretionary…”
Suzanne Alyce Kopec v. Dep't of Vets. Affairs (MSPB 2016). “§ 1104 (a)(1) (permitting the President to delegate “authority for personnel management functions” to OPM); 5 C.F.R. § 1.2 (providing, in OPM regulations, that the competitive service includes all civilian executive branch positions unless excepted by statute or OPM).”
Patterson v. Dept. Of the Interior (Fed. Cir. 2005). “” 5 C.F.R. § 1.2 (2005). The excepted service “consists of those civil service positions which are not in the 05-3047 6 For example, and of relevance to this appeal, section 3309 of title 5 provides preference eligibles with additional rating points in applying for positions in…”
Beams v. Norton, 327 F. Supp. 2d 1323 (D. Kan. 2004). “See 5 C.F.R. § 1.2 , et seq. 26 . See 5 C.F.R.”
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