5 C.F.R. § 302.104
Applicability of regulations to applicants and employees
Each agency shall follow the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible or person entitled to priority consideration applies for appointment to a position covered by this part. Each agency, in its discretion, may follow these provisions when no preference eligible or person entitled to priority consideration applies.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2023–2024 · leading case: Edwin Dilone v. Dep't of Vets. Affairs (MSPB 2023).
Edwin Dilone v. Dep't of Vets. Affairs (MSPB 2023). “¶10 The appellant also suggests that the agency violated his veterans’ preference rights by selecting a nonveteran qualified at the GS-11 level over him, a preference-eligible veteran qualified at the GS-9 level.”
Eric Williams v. Dep't of Def. (MSPB 2024). “5 C.F.R. § 302.104 . However, it exempts certain positions including, as relevant here, positions that an agency, with OPM agreement, 4 Additionally, although the appellant appears to argue on review that the agency also violated his veterans’ preference rights by failing to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.