5 C.F.R. § 332.401
Order on registers
Subject to apportionment, residence, and other requirements of law and this chapter, OPM shall enter the names of eligibles on the appropriate register in accordance with their numerical ratings, except that the names of:
(a) Preference eligibles shall be entered in accordance with their augmented ratings and ahead of others having the same rating; and
(b) Preference eligibles who have a compensable service-connected disability of 10 percent or more shall be entered at the top of the register in the order of their ratings unless the register is for professional or scientific positions in GS-9 and above and in comparable pay levels under other pay-fixing authorities.
Notes of Decisions
Cited in 12
cases (5 in the last 5 years), 1983–2024 · leading case: Joseph v. Fed. Trade Comm'n, 505 F.3d 1380 (Fed. Cir. 2007).
Joseph v. Fed. Trade Comm'n, 505 F.3d 1380 (Fed. Cir. 2007). “§ 3313 ; 5 C.F.R. § 332.401 . If a veteran has the highest numerical rating on the list, the agency must appoint that individual, unless the agency seeks and receives from the Office of Personnel Management (“OPM”) *1382 written authority to appoint someone ranking below the…”
Dow v. Gen. Servs. Admin., 590 F.3d 1338 (Fed. Cir. 2010). “§ 3309 ; 5 C.F.R. § 332.401 . Because of his preference eligible status and his rating on the civil service examination, Dow was the highest ranked candidate on the list of those eligible for appointment under the second vacancy announcement.”
Nat'l Treasury Employees Union v. Horner, 659 F. Supp. 8 (D.D.C. 1986). “5 C.F.R. § 332.401 . When an agency wishes to fill a competitive service position, it must obtain from OPM a “certificate of eligibles,” which lists the top three candidates on the appropriate register, id.”
Hondros v. United States Civil Serv. Comm'n, 720 F.2d 278 (3rd Cir. 1983). “5 C.F.R. § 332.401 (1983). An agency seeking to hire an employee must submit a request to OPM for a “certificate” of eligibles.”
Jerome Mansfield v. Dep't of Vets. Affairs (MSPB 2022). “§ 3313 ; 5 C.F.R. § 332.401 . The appointing authority must make a selection from the highest three eligibles on the list, 5 U.”
Trimble v. DVA (Fed. Cir. 2023). “She also identified the following veterans’ preference regula- tions: 5 C.F.R. §§ 332.401 (a)(b) and 332.406(a)(1).”
Trimble v. DVA (Fed. Cir. 2023). “She also identified the following veterans’ preference regula- tions: 5 C.F.R. §§ 332.401 (a)(b) and 332.406(a)(1).”
Jolley v. Hud (Fed. Cir. 2023). “§ 3313 ; 5 C.F.R. § 332.401 ). Under the merit-promotion process, veterans are not entitled to those hiring preferences (e.”
Kency v. MSPB (Fed. Cir. 2024). “Kency’s complaint, the Secretary investigated the complaint through the Department of La- bor’s Veterans’ Employment and Training Service (VETS), found no violation of the VEOA, and sent Mr. Kency a no- tice letter to that effect on December 6, 2017.”
Walker-Scurry v. Merit Sys. Prot. Bd., 157 F. App'x 275 (Fed. Cir. 2005). “3309, 3313, and 5 C.F.R. 332.401 and 337.101.” Finally, Walker-Scurry argues that the Board failed to consider important grounds for relief, namely that she “should have received my lost seniority, lost wages, lost annual leave, sick leave, holiday pay, overtime, and punitive…”
Williams v. U.S. Agency for Int'l Dev., 154 F. App'x 925 (Fed. Cir. 2005). “Because 5 C.F.R. § 332.401 requires that disabled veterans be granted preference over non-disabled veterans with the same rating, Mr.”
Williams v. Dep't of Air Force, 89 F. App'x 721 (Fed. Cir. 2004). “§ 3313 and 5 C.F.R. § 332.401 . II. Mr. Williams is a preference-eligible disabled veteran with a compensable service-connected disability of thirty percent or more.”
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