C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) › Subpart A—Filling Vacancies in the Competitive Service

5 C.F.R. § 330.101

Definitions

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(a) In this part:

Agency means:

(1) An Executive department listed at 5 U.S.C. 101;

(2) A military department listed at 5 U.S.C. 102;

(3) A Government owned corporation in the executive branch;

(4) An independent establishment in the executive branch as described at 5 U.S.C. 104; and

(5) The Government Printing Office.

Component means the first major subdivision of an agency, separately organized, and clearly distinguished in work function and operation from other agency subdivisions (e.g., the Internal Revenue Service under the Department of the Treasury or the National Park Service under the Department of the Interior).

Local commuting area has the meaning given that term in § 351.203 of this chapter.

Permanent competitive service workforce and permanent competitive service employees mean agency employees serving under career or career-conditional appointments, in tenure group I or II, respectively.

Position change has the meaning given that term in § 210.102 of this chapter.

Rating of record has the meaning given that term in § 351.203 of this chapter.

Representative rate has the meaning given that term in § 351.203 of this chapter.

Tenure groups are described in § 351.501 of this chapter.

(b) In this subpart:

Vacancy means a vacant position in the competitive service, regardless of whether the position will be filled by permanent or time-limited appointment, for which an agency is seeking applications from outside its current permanent competitive service workforce.

Notes of Decisions
Cited in 11 cases, 1976–2015 · leading case: Joseph v. Fed. Trade Comm'n, 505 F.3d 1380 (Fed. Cir. 2007).
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Joseph v. Fed. Trade Comm'n, 505 F.3d 1380 (Fed. Cir. 2007). · cites it 2× “See 5 C.F.R. §§ 330.101 , 332.101, 335.103 (2007).”
Gaye Levy AYON, Plaintiff-Appellant, v. Arthur F. SAMPSON, Adm'r, Gen. Servs. Admin., Defendant-Appellee, 547 F.2d 446 (9th Cir. 1976). “The Government contends that McVay, in so doing, was following the hiring mandates of 5 C.F.R. 330.101 which states: “An appointing officer may fill a position in the competitive service by any of the methods authorized in this chapter.”
Dean v. Consum. Prod. Saf. Comm'n, 548 F.3d 1370 (Fed. Cir. 2008). “5 C.F.R. § 330.101 (“An appointment officer may fill a position in the competitive service by any of the methods authorized in this chapter.”
Jolley v. Dep't of Hous. & Urban Dev., 299 F. App'x 966 (Fed. Cir. 2008). “5 C.F.R. § 330.101 ; Sherwood v. Department of Veterans Affairs, 88 M.”
Johnson v. Soc. Sec. Admin., 276 F. App'x 1014 (Fed. Cir. 2008). “An agency has discretion to fill vacant positions by any authorized method, 5 C.F.R. § 330.101 (2007), and one such method is merit promotion, id.”
Ross Vassallo v. Dep't of Def., 2015 MSPB 8 (MSPB 2015). “265 , ¶ 7, the Board relied on a different OPM regulation, 5 C.F.R. § 330.101 (a), which defines “agencies” for the purpose of “Filling Vacancies in the Competitive Service” as including military departments.”
MacLeod v. Dep't of Vets. Affairs, 280 F. App'x 962 (Fed. Cir. 2008). “2007) (citing 5 C.F.R. §§ 330.101 , 332.101, 335.103 (2007)).”
Burroughs v. Dep't of the Army, 446 F. App'x 278 (Fed. Cir. 2011). “5 C.F.R. § 330.101 (“An appointment officer may fill a position in the competitive service by any of the methods authorized in this chapter.”
Lynch v. Dep't of Def., 347 F. App'x 583 (Fed. Cir. 2009). “See 5 C.F.R. § 330.101 (“An appointing officer may fill a position in the competitive service by any of the methods authorized in this chapter.”
Gingery v. Dep't of the Treasury, 493 F. App'x 64 (Fed. Cir. 2012). “1 and 5 C.F.R. § 330.101 , as well as 5 U.S.C. § 3316 , gave the agency the discretion to fill the Civilian Pay Technician position by reinstatement instead of by competitive examining.”
Ward v. Fed. Commc'ns Comm'n, 58 F. App'x 517 (Fed. Cir. 2003). “” 5 C.F.R. § 330.101 (2002). The chapter in which section 330.”
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