5 C.F.R. § 300.703

Definitions

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In this subpart—

Appointment means any personnel action that brings onto the rolls of an executive agency as a civil service officer or employee as defined in 5 U.S.C. 2104 or 2105, respectively, a person who is not currently employed in that agency. It includes initial employment as well as transfer between agencies and subsequent employment after a break in service. Personnel actions that move an employee within an agency without a break in service are not covered. A break in service is a period of 4 or more calendar days during which an individual is no longer on the rolls of an executive agency.

Covered individual means a male (a) whose application for appointment is under consideration by an executive agency or who is an employee of an executive agency; (b) who was born after December 31, 1959, and is at least 18 years of age or becomes 18 following appointment; (c) who is either a United States citizen or an alien (including parolees and refugees and those who are lawfully admitted to the United States for permanent residence and for asylum) residing in the United States; and (d) is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. App. 453). Nonimmigrant aliens admitted under section 101(a)(15) of the Immigration and Nationality Act (8 U.S C. 1101), such as those admitted on visitor or student visas, and lawfully remaining in the United States, are exempt from registration.

Executive agency means an agency of the Government of the United States as defined in 5 U.S.C. 105.

Exemptions means those individuals determined by the Selective Service System to be excluded from the requirement to register under sections 3 and 6(a) of the Military Selective Service Act (50 U.S.C. App. 453 and 456(a)) or Presidential proclamation.

Preponderance of the evidence means that degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to support a conclusion that the matter asserted is more likely to be true than not true.

Registrant means an individual registered under Selective Service law.

Selective Service law means the Military Selective Service Act, rules and regulations issued thereunder, and proclamations of the President under that Act.

Selective Service System means the agency responsible for administering the registration system and for determining who is required to register and who is exempt.

Notes of Decisions

Cited in 2 cases, 2015–2016 · leading case: Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016).

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Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 4× “Regarding 5 C.F.R. § 300.703 , which provides definitions for the terms used in applying the selective service rules in Federal employment, the petitioner alleges that the regulation is invalid on its face because it defines a “covered individual” as a “male” for purposes of…”

Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2015). · cites it 2× “701(a) to me, a male applicant for 3 its CPB Officer position, while apparently waiving that requirement to female applicants, because OPM impermissible [sic] defined a “covered individual” as “a male” in 5 CFR 300.703, while the statute it implemented has a gender neutral…”

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