5 C.F.R. § 335.102

Agency authority to promote, demote, or reassign

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Subject to § 335.103 and, when applicable, to part 319 of this chapter, an agency may:

(a) Promote, demote, or reassign a career or career-conditional employee;

(b) Reassign an employee serving under a temporary appointment pending establishment of a register to a position to which his original assignment could have been made by the same appointing officer from the same recruiting list under the same order of consideration;

(c) Promote, demote, or reassign an employee serving under an overseas limited appointment of indefinite duration or an overseas limited term appointment to another position to which an initial appointment under § 301.201, § 301.202, or § 301.203 of this chapter is authorized;

(d) Promote, demote, or reassign (1) a status quo employee and (2) an employee serving under an indefinite appointment in a competitive position, except that this authority may not be used to move an employee:

(i) From a position in which an initial overseas limited appointment is authorized to another position; or

(ii) To a position in which an initial overseas limited appointment is authorized from another position; and

(e) Promote, demote, or reassign a term employee serving on a given project to another position within the project which the agency has been authorized to fill by term appointment;

(f) Make time-limited promotions to fill temporary positions, accomplish project work, fill positions temporarily pending reorganization or downsizing, or meet other temporary needs for a specified period of not more than 5 years, unless OPM authorizes the agency to make and/or extend time-limited promotions for a longer period.

(1) The agency must give the employee advance written notice of the conditions of the time-limited promotion, including the time limit of the promotion; the reason for a time limit; the requirement for competition for promotion beyond 120 days, where applicable; and that the employee may be returned at any time to the position from which temporarily promoted, or to a different position of equivalent grade and pay, and the return is not subject to the procedures in parts 351, 432, 752, or 771 of this chapter. When an agency effects a promotion under a nondiscretionary provision and is unable to give advance notice to the employee, it must provide the notice as soon as possible after the promotion is made.

(2) This paragraph applies to a career, career-conditional, status quo, indefinite, or term employee and to an employee serving under an overseas limited appointment of indefinite duration, or an overseas limited term appointment.

[33 FR 12428, Sept. 4, 1968, as amended at 35 FR 13075, Aug. 18, 1970; 45 FR 24855, Apr. 11, 1980; 57 FR 10124, Mar. 24, 1992; 58 FR 59347, Nov. 9, 1993]

Notes of Decisions

Cited in 32 cases (7 in the last 5 years), 1968–2024 · leading case: Forkkio, Samuel E. v. Powell, Donald, 306 F.3d 1127 (D.C. Cir. 2002).

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Forkkio, Samuel E. v. Powell, Donald, 306 F.3d 1127 (D.C. Cir. 2002). “In August 1993, he received a temporary promotion, authorized under 5 C.F.R. § 335.102 (f), to the position of Chief, Accounting and Tax Policy Section, a Grade 15 position.”

Gary K. Frey v. Dep't of Labor, 359 F.3d 1355 (Fed. Cir. 2004). · cites it 2× “See 5 C.F.R. § 335.102 (2000). In that regard, the Board has held that discipline is warranted for refusing to accept a legitimate directed reassignment and that removal is not an unreasonably harsh penalty for such a refusal.”

Daniel Moncada v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 25 (MSPB 2022). · cites it 2× “On July 28, 2013, OA promoted the appellant, pursuant to 5 C.F.R. § 335.102 , to the permanent GS-11 competitive-service position of Supervisory Fleet Operations Manager.”

Craig v. Colburn, 414 F. Supp. 185 (D. Kan. 1976). · cites it 4× “” ( 5 C.F.R., § 335.102 [a] (1975) [effective Aug.”

William Clyde Burton v. The United States, 404 F.2d 365 (Ct. Cl. 1968). · cites it 4× “) However, 5 C.F.R. 335.102 delegates to agencies the power to reassign employees.”

Oglala Sioux Tribe of Indians v. Andrus, 603 F.2d 707 (8th Cir. 1979). · cites it 2× “7 The first regulation, 5 C.F.R. § 335.102 (1978), generally sets forth the powers of federal agencies to promote, demote, or reassign Civil Service employees.”

Stoyanov v. Mabus, 126 F. Supp. 3d 531 (D. Maryland 2015). “2 (Merit Staffing Program policy) and 5 C.F.R. § 335.102 (a), which permits NSWCCD to reassign a career-conditional employee within their grade level.”

Edward I. Leefer v. Adm'r, Nat'l Aeronautics & Space Admin., 543 F.2d 209 (D.C. Cir. 1976). “See 5 C.F.R. § 335.102 (1974). 33 . Comberiate v.”

John Martin Craig v. Wayne B. Colburn, Dir., United States Marshals Serv., 570 F.2d 916 (10th Cir. 1978). · cites it 2× “§§ 509 , 510; 5 C.F.R. § 335.102 (a); and 28 C.F.R. § 0 .”

Triponi v. United States, 224 Ct. Cl. 503 (Ct. Cl. 1980). “2d 1280, 1284 (1970); 5 C.F.R. § 335.102 , and, "particularly where medical questions are involved * * *” 6 and are supported by substantial evidence, we will not substitute our judgment for that of the agency.”

Serrano v. Veneman, 410 F. Supp. 2d 1049 (D.N.M. 2005). “The USFS’s Merit Promotion Plan and the regulations governing details and temporary promotions, as found in 5 C.F.R. §§ 335.102 and 103, prohibited Serrano from continuing to serve as a Supervisory Forestry Technician, GS-9, beyond September 23, 2001.”

Wieser v. Dep't of Army, 280 F. App'x 959 (Fed. Cir. 2008). “See 5 C.F.R. §§ 335.102 , 335.103. Nor is there any legal requirement that the agency transfer those with less seniority before considering more senior employees for transfer.”

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