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. § 300.706

Office of Personnel Management adjudication

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(a) OPM will determine whether failure to register was knowing and willful when an individual has requested a decision and presented a written explanation, as described in § 300.705. The Associate Director for Career Entry or his or her designee will make the determination based on the written explanation provided by the individual. The burden of proof will be on the individual to show by a preponderance of the evidence that failure to register was neither knowing nor willful.

(b) OPM may consult with the Selective Service System in making determinations.

(c) The Associate Director for Career Entry or his or her designee will notify the individual and the agency in writing of the determination. The determination is final unless reconsidered at the discretion of the Associate Director. There is no further right to administrative review.

(d) The Director of OPM may reopen and reconsider a determination.

(e) The Director of OPM may, at his or her discretion, delegate to an executive agency the authority to make initial determinations. However, OPM may review any initial determination and make a final adjudication in any case. If a delegation is made under this paragraph, the notice in § 300.705(d)(1) will state that the individual may submit a written request that OPM review the agency's initial determination. The agency will forward to OPM copies of all documents relating to the individual's failure to register, including the individual's request for review and his explanation of his failure to register.

Notes of Decisions
Cited in 2 cases, 2009–2010 · 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). “” 5 C.F.R. § 300.706 (c). The Defendants extend their argument further, suggesting that the MSPB also has jurisdiction to determine as a threshold matter whether the action is in fact an appealable adverse action within the meaning of Chapter 75.”
Elgin v. United States, 594 F. Supp. 2d 133 (D. Mass. 2009). “§ 462(g)(2), and the implementing federal regulations, 5 C.F.R. § 300.706 (a), the burden of proof is on the applicant.”
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