C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 316—TEMPORARY AND TERM EMPLOYMENT › Subpart D—Temporary Limited Employment

5 C.F.R. § 316.402

Procedures for making temporary appointments

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(a) Competitive temporary appointments. In accordance with the time limits in § 316.401, an agency may make a temporary appointment under part 332 of this chapter, by using competitive procedures, or under part 337 of this chapter, by using direct-hire procedures, as appropriate.

(b) Noncompetitive temporary appointments. In accordance with the time limits in § 316.401, an agency may give a noncompetitive temporary appointment, without regard to the requirements of parts 332 and 333 of this chapter, to an individual who is qualified for the position and who is eligible for:

(1) Reinstatement under § 315.401 of this chapter;

(2) Veterans recruitment appointment under § 307.103 of this chapter. Temporary limited appointments under this section are permitted only at the grade levels authorized for VRA appointments. Such appointments are not VRA appointments and do not lead to conversion to career-conditional appointment;

(3) Career-conditional appointment under § 315.601, 315.604, 315.605, 315.606, 315.607, 315.608, 315.609, 315.612, 315.703, or 315.711 of this chapter;

(4) Appointment under 5 U.S.C. 3112 (veterans with compensable service-connected disability of 30 percent of more). The disability must be documented by a notice of retirement or discharge due to service-connected disability from active military service dated at any time, or by a notice of compensable disability rating from the Department of Veterans Affairs, dated 1991 or later;

(5) Appointment under 31 U.S.C. 732(g) for current and former employees of the General Accounting Office;

(6) Appointment under 28 U.S.C. 602 for current and former employees of the Administrative Office of the U.S. Courts;

(7) Reappointment on the basis of being a former temporary employee of the agency who was originally appointed from a certificate of eligibles or under the provisions of part 333 of this chapter. An agency may not reappoint a former temporary employee if the individual has already served the maximum time allowed in § 316.401 or if the position has been filled under temporary appointment for the maximum time allowed in § 316.401. Reappointment must be to the same position or another position appropriate for temporary appointment with the same qualification requirements;

(8) Reappointment on the basis of being a former temporary employee who was originally appointed from a certificate of eligibles or under the provisions of part 333 of this chapter and who sustained a compensable injury while serving on the temporary appointment. Reappointment must be to the same position or another position appropriate for temporary appointment with the same qualification requirements. If the compensable injury disqualifies the former individual from performing such a position, reappointment may be to any position for which the individual is qualified. Reappointment must be for a minimum of 120 days.

(c) Extension of temporary appointments. An individual who receives a valid temporary appointment will be eligible for an extension in accordance with § 316.401 even if his or her eligibility for noncompetitive appointment expires or is lost during the authorized period of temporary employment.

[63 FR 63784, Nov. 17, 1998, as amended at 68 FR 35268, June 13, 2003; 69 FR 33275, June 15, 2004; 73 FR 60611, Oct. 14, 2008; 74 FR 40477, Aug. 12, 2009]
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1977–2024 · leading case: Prince Johnson v. Thomas Perez, 823 F.3d 701 (D.C. Cir. 2016).
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Prince Johnson v. Thomas Perez, 823 F.3d 701 (D.C. Cir. 2016). “§ 3112 ; 5 C.F.R. § 316.402 (b)(4). The post was a temporary one with a possibility of permanent employment.”
Troutman v. United States, 51 Fed. Cl. 527 (Fed. Cl. 2002). · cites it 2× “The Standard Form 50-B stated that plaintiff was hired under the authority of 5 C.F.R. § 316.402 (a) (1996), with an appointment term not to exceed two years.”
Donald G. Anderson, William K. Popelka, & Gary Mueller v. Merit Sys. Prot. Bd., 12 F.3d 1069 (Fed. Cir. 1993). · cites it 2× “In 1990, petitioners were hired as temporary employees pursuant to 5 C.F.R. § 316.402 (b). 2 The term of each appointment was one year.”
Taydus v. Cisneros, 902 F. Supp. 278 (D. Mass. 1995). · cites it 2× “5 C.F.R. § 316.402 (b)(4) & (5). 9 Due to HUD’s insistence that plaintiff take the ACWA exam, plaintiff registered and passed the next scheduled ACWA exam.”
Shaposka v. United States, 215 Ct. Cl. 34 (Ct. Cl. 1977). · cites it 2× “The CSC Form 50 (Notification of Personnel Action) recorded plaintiffs hiring by the Archives as a temporary appointment not to exceed one year, and cited 5 C.F.R. § 316.402 (b)(1) (1972) 2 as the authority for such an appoint *37 ment.”
Taydus v. Cisneros, 902 F. Supp. 288 (D. Mass. 1995). “5 C.F.R. § 316.402 (b)(4) & (5). Plaintiff advised a HUD official about the relevant regulations allowing for the noncompetitive appointment of preference eligible disabled veterans such as plaintiff.”
Fernandez v. United States, 12 Cl. Ct. 764 (Ct. Cl. 1987). “” 5 C.F.R. § 316.402 (b)(1), subtitled “Noncompetitive temporary limited appointments,” provides that “an agency may give a temporary limited appointment without regard to the existence of an appropriate register to a person with eligibility for reinstatement.”
Matthew Feehan v. Dep't of Vets. Affairs (MSPB 2024). · cites it 4× “The administrative judge found that, based on the language of 5 C.F.R. § 316.402 (b)(4), the legal authority cited for the appellant’s provisional appointment, and Board caselaw, the appellant was not serving a probationary or trial period when his appointment was terminated and…”
Ruffin v. Dep't of the Treasury, 148 F. App'x 938 (Fed. Cir. 2005). · cites it 2× “Ruffin under the authority of 5 C.F.R. § 316.402 (b), entitled “Noncompetitive temporary appointments.”
Jeffery Benoit v. Dep't of the Army (MSPB 2022). “The SF-50 states that the appointment was made pursuant to 5 C.F.R. § 316.402 (b)(4), which authorizes temporary noncompetitive appointments of veterans with a service‑connected disability of 30 percent or more, for which the appellant qualified as indicated by his veterans’…”
Williams v. Dep't of Air Force, 89 F. App'x 721 (Fed. Cir. 2004). “Williams that he met the eligibility requirements for the Copper Cap intern training program under 5 C.F.R. § 316.402 (b)(4) as a veteran with a compensable service-connected disability of thirty percent or more.”
— 5 C.F.R. § 316.402(a) — 1 case
Ruffin v. Dep't of the Treasury, 148 F. App'x 938 (Fed. Cir. 2005). “Ruffin under the authority of 5 C.F.R. § 316.402 (b), entitled “Noncompetitive temporary appointments.”
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