C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 210—BASIC CONCEPTS AND DEFINITIONS (GENERAL) › Subpart A—Applicability of Regulations; Definitions

5 C.F.R. § 210.101

Applicability of various parts of regulations

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(a) General. In most parts, the applicability of the part is stated specifically in the part or is otherwise apparent from the substance of the part.

(b) Parts 315 through 339. Parts 315 through 339 of this chapter apply to all positions in the competitive service and to all incumbents of those positions; and, except as specified by or in an individual part, these parts do not apply to positions in the excepted service or to incumbents of those positions.

[33 FR 12407, Sept. 4, 1968, as amended at 44 FR 45587, Aug. 3, 1979]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1982–2024 · leading case: De Santis v. Merit Sys. Prot. Bd., 826 F.3d 1369 (Fed. Cir. 2016).
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De Santis v. Merit Sys. Prot. Bd., 826 F.3d 1369 (Fed. Cir. 2016). · cites it 3× “As now relevant, he appealed to the Merit Systems Protection Board under regulations, 5 C.F.R. §§ 210.101 , 315.805, and 315.806, that have at all times relevant to this case applied only to employees in the competitive service.”
Hernandez v. Dep't of the Treasury, 230 Ct. Cl. 726 (Ct. Cl. 1982). “806 (1980) 2 jurisdiction over certain terminations of probationary employees, 5 C.F.R. §210.101 (b) by its express terms renders the former regulation inapplicable to those, such as Hernandez, within the excepted service.”
Holland v. MSPB (Fed. Cir. 2020). “3d at 1376 ; see also 5 C.F.R. § 210.101 (b) (“Parts 315 through 339 of this chapter apply to all positions in the HOLLAND v.”
Tracey V Lister v. United States Postal Serv. (MSPB 2024). “§ 2105 (e); 5 C.F.R. § 210.101 (b). Accordingly, we affirm the administrative judge’s conclusion that the Board lacks jurisdiction over this appeal.”
Dr. Rulon Garfield v. The United States, 770 F.2d 1061 (Fed. Cir. 1985). “However, part 315 of Title 5 does not apply to positions in the excepted service absent a specific provision in the regulations; 5 C.F.R. § 210.101 , and 5 C.F.R. §§ 305.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.