5 C.F.R. § 213.3101
Positions other than those of a confidential or policy-determining character for which it is impracticable to examine
Upon specific authorization by OPM, agencies may make appointments under this section to positions which are not of a confidential or policy-determining character, and which are not in the Senior Executive Service, for which it is not practicable to examine. Examining for this purpose means application of the qualification standards and requirements established for the competitive service. Positions filled under this authority are excepted from the competitive service and constitute Schedule A. For each authorization under this section, OPM shall assign an identifying number from 213.3102 through 213.3199 to be used by the appointing agency in recording appointments made under that authorization.
Notes of Decisions
Cited in 15
cases (4 in the last 5 years), 1978–2024 · leading case: Merla J. Mullenberg v. United States of Am., Dep't of Health & Human Servs., & Dr. Otis Bowen, Sec'y of Health & Human Servs., 857 F.2d 770 (Fed. Cir. 1988).
Merla J. Mullenberg v. United States of Am., Dep't of Health & Human Servs., & Dr. Otis Bowen, Sec'y of Health & Human Servs., 857 F.2d 770 (Fed. Cir. 1988). “See also 5 C.F.R. §§ 213.3101 (a) (1987), 213.3116(b)(8) (1980).”
Etokie v. Duncan, 202 F. Supp. 3d 139 (D.D.C. 2016). “, at ROI 55; see also 5 C.F.R. § 213.3101 (regulatory authorization for Schedule A hiring).”
MacDonald v. Cohen, 233 F.3d 648 (1st Cir. 2000). “” 5 C.F.R. § 213.3101 (emphasis added). Schedule A provides the agency a means to avoid competitive placement but does not impose an obligation to use this authority in any specific case.”
Eleon Allen, Individually & for Others Similarly Situated v. Margaret Heckler, 780 F.2d 64 (D.C. Cir. 1985). “5 C.F.R. § 213.3101 (1984). Excepted employees, such as the ex-patients here, perform exactly the same work as their “competitive” service counterparts.”
Little v. Fed. Reserve Bank of Cleveland, 601 F. Supp. 1372 (N.D. Ohio 1985). “A list of excepted positions is found at 5 C.F.R. §§ 213.3101 et seq. The position of security guard is not on this list.”
Comm. to Protect the First Amendment Rights of Employees of the Dep't of Agric. v. Bergland, 626 F.2d 875 (D.C. Cir. 1979). “5 C.F.R. §§ 213.3101 , 213.3113(d)(3) and (e)(4) (1978).”
Shirey v. Devine, 670 F.2d 1188 (D.C. Cir. 1982). “See 5 C.F.R. §§ 213.3101 , .3201, .3301 (1981).”
Pennsylvania, Dep't of Pub. Welfare v. United States Dep't of Health & Human Servs., 80 F.3d 796 (3rd Cir. 1996). “Schedule A, which allows exception of “positions other than those of a confidential or policy-determining character for which it is impracticable to examine,” 5 C.F.R. § 213.3101 , specifically includes “attorneys.”
Eric Williams v. Dep't of Def. (MSPB 2024). “5 C.F.R. § 213.3101 (stating that, if authorized by OPM, agencies may make appointments under Schedule A “to positions which are not of a confidential or policy-determining character .”
Angus v. Mayorkas (W.D. Tex. 2020). “See 5 C.F.R. § 213.3101 ; id. § 213.3102(u). Instead, for each position, Plaintiff was placed on the competitive service “merit” selection certificate.”
Angus v. Mayorkas (W.D. Tex. 2021). “See 5 C.F.R. §§ 213.3101 , 213.3102(u). Instead, Plaintiff was placed on the competitive service “merit” selection certificate for each position.”
Angus v. Mayorkas (W.D. Tex. 2021). “See 5 C.F.R. §§ 213.3101 , 213.3102(u). Instead, Plaintiff was placed on the competitive service “merit” selection certificate for each position.”
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