5 C.F.R. § 330.204

Agency requirements and responsibilities

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(a) An agency must establish policies and maintain an RPL for each local commuting area in which the agency has RPL eligibles.

(b) An agency must give each RPL eligible information about its RPL program, including Merit Systems Protection Board appeal rights under § 330.214, when:

(1) The agency issues a RIF separation notice or a Certification of Expected Separation under part 351 of this chapter; or

(2) The employee accepts a position at a lower grade or pay level or is separated from the agency because of a compensable work-related injury.

(c) An agency must register an RPL eligible on the appropriate RPL no later than 10 calendar days after receiving the eligible's written application.

(d) Agencies must include in their RPL policies established under this subpart how they will assist RPL eligibles who:

(1) Request an RPL application;

(2) Request help in completing the RPL application; and

(3) Request help in identifying and listing on the RPL application those positions within the agency for which they are qualified and interested.

(e) An agency must give RPL registrants placement priority for personnel actions as described in § 330.210.

(f) An agency must not remove an individual from the RPL under § 330.209(a)(1), (b)(1), or (b)(2) without evidence (such as a Postal Service return receipt signed by addressee only) showing that the offer, inquiry, or scheduled interview was made in writing. The written offer, inquiry, or scheduled interview must clearly state that failure to respond will result in removal from the RPL for positions at that grade or pay level and for positions at lower grades and pay levels for which registered.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1994–2023 · leading case: Jonathan W. Chudson v. Env't Prot. Agency, 17 F.3d 380 (Fed. Cir. 1994).

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Jonathan W. Chudson v. Env't Prot. Agency, 17 F.3d 380 (Fed. Cir. 1994). “203 , and employees separated because of a compensable injury or disability, see 5 C.F.R. § 330.204 . For an employee who has been separated due to a RIF, the RPL regulations provide that the employee is “entitled to consideration for positions .”

Phillip Cochran v. Eric Holder, Jr., 436 F. App'x 227 (4th Cir. 2011). “” 5 C.F.R. § 330.204 (a) (1995). 2 . The government argues that the bulk of this appeal is not properly before us because the district court abused its discretion in finding that Cochran demonstrated the "excusable neglect” necessary to extend the deadline for filing a notice of…”

Gregory K. Roberts v. Dep't of the Army, 168 F.3d 22 (Fed. Cir. 1999). “203 (1998)) or those who have fully recovered from a compensable injury after more than one year ( 5 C.F.R. § 330.204 (1998)). As Roberts has not been separated by RIF nor has he recovered from a compensable injury after more than one year, Roberts does not have reemployment…”

Wilson v. Dep't of Def., 10 F. App'x 893 (Fed. Cir. 2001). · cites it 2× “Under 5 C.F.R. § 330.204 , an employee “who is separated .”

Sandra Washington v. United States Postal Serv. (MSPB 2023). “§ 8151 (b)(2), 5 C.F.R. § 330.204 , and the ELM § 546.131.”

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