5 C.F.R. § 300.705

Agency action following statement

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(a) Agencies must resolve conflicts of information and other questions concerning an individual's registration status prior to appointment. An agency may verify, at its discretion, an individual's registration status by requesting the individual to provide proof of registration or exemption issued by the Selective Service System and/or by contacting the Selective Service System at 888-655-1825.

(b) An agency may continue regular pre-employment consideration of individuals whose statements show they have registered or are exempt.

(c) An agency will take the following actions when a covered individual who is required to register has not done so, and is under age 26:

(1) Advise him to register promptly and, if he wishes further consideration, to submit a new statement immediately to the agency once he has registered. The agency will set a time limit for submitting the statement.

(2) Provide written notice to an individual who still does not register after being informed of the above requirements that he is ineligible for appointment according to 5 U.S.C. 3328 and will be given no further employment consideration.

(d) An agency will take the following actions when a covered individual who is age 26 or over, was required to register, and has not done so:

(1) Provide written notice to the individual that, in accordance with 5 U.S.C. 3328, he is ineligible for appointment unless his failure to register was neither knowing nor willful, and that OPM will decide whether his failure to register was knowing and willful if he submits a written request for such decision and an explanation of his failure to register.

(2) Submit the individual's application, the statement described in § 300.704(b), a copy of the written notice, his request for a decision and explanation of his failure to register, and any other papers pertinent to his registration status for determination to—Registration Review, Staffing Operations Division, Career Entry Group, room 6A12, U.S. Office of Personnel Management, 1900 E Street, NW., Washington, DC 20415.

(3) An agency is not required to keep a vacancy open for an individual who seeks an OPM determination.

(e) Individuals described in paragraph (c) of this section who do not submit a statement of registration or exemption are not eligible for employment consideration. Individuals described in paragraph (d) of this section are not eligible for employment consideration unless OPM finds that failure to register was neither knowing nor willful. Agencies are not required to follow the objections-to-eligibles procedures described in § 332.406 concerning such individuals who were certified or otherwise referred by an OPM examining office or other office delegated examining authority by OPM. Instead, an agency will provide, for information as part of its certification report to that office, a copy of its written notice to the individual.

[52 FR 7400, Mar. 11, 1987, as amended at 64 FR 28713, May 27, 1999]

Notes of Decisions

Cited in 4 cases, 2009–2017 · leading case: Elgin v. United States, 697 F. Supp. 2d 187 (D. Mass. 2010).

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Elgin v. United States, 697 F. Supp. 2d 187 (D. Mass. 2010). · cites it 3× “5 C.F.R. § 300.705 (1999). If an individual is age twenty-six or over, and has failed to register, the agency provides the individual with written notice that he is ineligible for agency appointment unless his failure to register was neither knowing nor willful.”

Henry v. Sec'y of Dep't of Treasury, 266 F. Supp. 3d 80 (D.D.C. 2017). “” 5 C.F.R. § 300.705 (d)(1); see also id. § 300.”

Elgin v. United States, 594 F. Supp. 2d 133 (D. Mass. 2009). · cites it 3× “The procedure for determining whether an individual is eligible for federal agency employment is outlined in federal regulations, 5 C.F.R. § 300.705 (1999). If the individual is under age twenty-six, the agency will advise him to register promptly and then to show the agency…”

Rakhmatulla Asatov v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 5× “¶3 Regarding 5 C.F.R. § 300.705 (e), which governs agency actions in the hiring process after receiving statements related to selective service registration, the petitioner alleges the regulation is invalid on its face because it conflicts with an agency’s statutory requirements…”

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