5 C.F.R. § 213.3201

Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination

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(a) 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 impracticable to hold open competition or to apply usual competitive examining procedures. Appointments under this authority are subject to the basic qualification standards established by the Office of Personnel Management for the occupation and grade level. Positions filled under this authority are excepted from the competitive service and constitute Schedule B. For each authorization under this section, OPM shall assign a number from 213.3202 through 213.3299 to be used by the appointing agency in recording appointments made under that authorization.

(b) [Reserved]

[46 FR 20147, Apr. 3, 1981, as amended at 47 FR 57655, Dec. 28, 1982; 53 FR 15353, Apr. 29, 1988]

Notes of Decisions

Cited in 1 case, 1994–1994 · leading case: Ayrault v. Pena, 866 F. Supp. 372 (N.D. Ill. 1994).

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Ayrault v. Pena, 866 F. Supp. 372 (N.D. Ill. 1994). “As a co-op student, she was given an excepted service 1 appointment under Schedule B 2 ( 5 C.F.R. § 213.3201 ). Co-op students become eligible for noncompetitive conversion to career or career-conditional appointments within 120 days of successful completion of their educational…”

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