C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 300—EMPLOYMENT (GENERAL) › Subpart G—Statutory Bar to Appointment of Persons Who Fail To Register Under Selective Service Law

5 C.F.R. § 300.701

Statutory requirement

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Section 3328 of title 5 of the United States Code provides that—

(a) An individual—

(1) Who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. App. 453); and

(2) Who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual, shall be ineligible for appointment to a position in an executive agency of the Federal Government.

(b) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication within the Office of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful.

Notes of Decisions
Cited in 4 cases, 2011–2017 · leading case: Elgin v. U.S. Dep't of the Treasury, 641 F.3d 6 (1st Cir. 2011).
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Elgin v. U.S. Dep't of the Treasury, 641 F.3d 6 (1st Cir. 2011). · cites it 6× “5 C.F.R. §§ 300.701 -.707 (2010). These regulations provide that a civil service employee who was required to register will be terminated by his agency under the authority of the statute and these regulations if he has not registered as required, unless he registers or unless,…”
Henry v. Sec'y of Dep't of Treasury, 266 F. Supp. 3d 80 (D.D.C. 2017). · cites it 2× “Second, plaintiff argues that • the IRS’s decision was arbitrary and capricious because the IRS “fail[ed] to adjudicate” or properly investigate whether plaintiffs failure to register for the Selective Service was “knowing or willful.”
Nicholls v. United States Off. of Pers. Mgmt., 863 F. Supp. 2d 4 (D.D.C. 2012). “” 5 C.F.R. §§ 300.701 , 300.704. They may request an OPM decision on the issue by submitting a written request along with an explanation of them failure to register.”
Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2015). · cites it 3× “See 5 CFR 300.701. The Board has a jurisdiction to review the OPM regulation under 5 USC 1204(f)(1)(B) and 5 CFR 1201.”
— 5 C.F.R. § 300.701(a) — 1 case
Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2015). “See 5 CFR 300.701. The Board has a jurisdiction to review the OPM regulation under 5 USC 1204(f)(1)(B) and 5 CFR 1201.”
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