5 C.F.R. § 302.102

Method of filling positions and status of incumbent

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(a) To the extent permitted by statute and this chapter, each appointment, position change, and removal in the excepted service shall be made in accordance with any regulations or practices that the head of the agency concerned finds necessary.

(b) Except as authorized under paragraph (c) of this section, a person appointed to an excepted position does not acquire a competitive status by reason of the appointment. When an employee serving under a nontemporary appointment in the competitive service is selected for an excepted appointment, the agency must—

(1) Inform the employee that, because the position is in the excepted service, it may not be filled by a competitive appointment, and that acceptance of the proposed appointment will take him/her out of the competitive service while he/she occupies the position; and

(2) Obtain from the employee a written statement that he/she understands he/she is leaving the competitive service voluntarily to accept an appointment in the excepted service.

(c) Upon a finding by OPM that in a particular situation the action will be in the interest of good administration, OPM may authorize an agency to make appointments to specified positions in the excepted service in the same manner as to positions in the competitive service. Persons appointed pursuant to a specific authorization by OPM under this paragraph may acquire competitive status.

[55 FR 9407, Mar. 14, 1990, as amended at 58 FR 58261, Nov. 1, 1993; 91 FR 5655, Feb. 6, 2026]

Notes of Decisions

Cited in 3 cases, 1974–2015 · leading case: Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015).

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Little v. United States, 124 Fed. Cl. 256 (Fed. Cl. 2015). · cites it 5× “§ 5363 ; 5 C.F.R. § 302.102 ; and 5 C.F.R. § 531.211 (b).”

Anita J. Ring v. Honorable James R. Schlesinger & Honorable John W. Warner, 502 F.2d 479 (D.C. Cir. 1974). · cites it 2× “5 C.F.R. § 302.102 (a) (1964). Upon this authority, the Secretary of the Navy promulgated the Navy Civilian Personnel Instructions (NCPI).”

Mancinelli v. Merit Sys. Prot. Bd., 395 F. App'x 702 (Fed. Cir. 2010). · cites it 2× “Title 5 C.F.R. § 302.102 (b)(1) and (2) provide that when an employee is converted from the competitive to the excepted service, the agency shall notify the employee of the nature of the conversion, and obtain a written statement of understanding from the employee regarding the…”

— 5 C.F.R. § 302.102(a) — 1 case

Anita J. Ring v. Honorable James R. Schlesinger & Honorable John W. Warner, 502 F.2d 479 (D.C. Cir. 1974). “5 C.F.R. § 302.102 (a) (1964). Upon this authority, the Secretary of the Navy promulgated the Navy Civilian Personnel Instructions (NCPI).”

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