C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 302—EMPLOYMENT IN THE EXCEPTED SERVICE › Subpart B—Eligibility Standards

5 C.F.R. § 302.202

Qualification requirements

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Before making an appointment to a position covered by this part, each agency shall establish qualification standards such as those relating to experience and training, citizenship, minimum age, physical condition, etc., which shall relate to the duties to be performed. An agency may delegate the establishment of standards relating to a group of positions or a specific position to the appropriate administrative level or subdivision in accordance with the needs of the locality in which the position is located, but the agency shall determine that each standard established is in conformity with this part. Each agency shall make its standards a matter of record in the appropriate office of the agency, and shall furnish information concerning the standards for a position to an applicant on his/her request. Each agency shall apply the standards for a position uniformly to all applicants, except for such waivers as are provided in this part for a preference eligible. An agency shall not include a minimum educational requirement in qualification standards, except for a scientific, technical, or professional position the duties of which the agency decides cannot be performed by a person who does not have a prescribed minimum education. An agency shall not establish a maximum age requirement for any position. Each agency shall make a part of its records the reasons for its decision under this section and shall furnish those reasons to an applicant on his/her request. The qualification standards shall include:

(a) A provision for waiver by the agency of requirements as to age, height, and weight for each preference eligible when the requirements are not essential to the performance of the duties of the position; and

(b) A provision for waiver by the agency of physical requirements for each preference eligible when the agency, after giving due consideration to the recommendation of an accredited physician, finds that the applicant is physically able to discharge the duties of the position.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1982–2025 · leading case: Dean v. Dep't of Labor, 808 F.3d 497 (Fed. Cir. 2015).
Sort: Relevance Newest Treatment
Dean v. Dep't of Labor, 808 F.3d 497 (Fed. Cir. 2015). · cites it 3× “In particular, OPM issued 5 C.F.R. § 302.202 , which provides: An agency shall not include a minimum educational requirement in qualification standards except for a scientific, technical, or professional position the duties of which the agency decides cannot be performed by a…”
John Raicovich v. United States Postal Serv., 675 F.2d 417 (D.C. Cir. 1982). · cites it 2× “5 C.F.R. § 302.202 expressly requires agencies to establish and publish qualification standards for the reemployment of 5 U.”
Tucker v. Reno, 205 F. Supp. 2d 1169 (D. Or. 2002). “5 C.F.R. § 302.202 . I conclude that Tucker has not provided the minimum proof necessary to establish his prima facie case.”
Lynch v. Dep't of the Army, 245 F. App'x 13 (Fed. Cir. 2007). “See 5 C.F.R. §§ 302.202 , 302.403, & 351.702.”
Asatov v. Agency for Int'l Dev., 542 F. App'x 937 (Fed. Cir. 2013). “§ 3308 and 5 C.F.R. § 302.202 , and rejecting his application on the basis of his qualifications; and (2) by “passing over” him and selecting six non-preference eligi-bles for interview without filing written reasons with the Office of Personnel Management (OPM), in…”
Eric Williams v. Dep't of Def. (MSPB 2022). · cites it 2× “” 5 C.F.R. § 302.202 (emphasis 5 added). As the U.”
Morris Onyewuchi v. Dep't of Just. (MSPB 2024). “To the extent that the administrative judge erred in failing to address the appellant’s claim that the agency violated regulations set forth at 5 C.F.R. §§ 302.202 -.203, which he raised in the proceedings below, see I-4 AF, Tab 5 at 16-17, 77-93, Tab 13 at 22-29, her error did…”
Burns v. Collins (D. Minnesota 2025). “5 C.F.R. §§ 302.202 ; 319.301. education; experience; licensure requirements; and demonstration of five categories of knowledge, skills, and abilities (KSAs).”
Onyewuchi v. DOJ (Fed. Cir. 2025). “Final Decision, at *1; see 5 C.F.R. § 302.202 (“[E]ach agency shall establish qualification standards such as those relating to experience and training[.”
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.