5 C.F.R. § 337.201
Coverage and purpose
OPM will permit an agency with delegated examining authority under 5 U.S.C. 1104(a)(2) to use direct-hire authority under 5 U.S.C. 3304(a)(3) for a permanent or nonpermanent position or group of positions in the competitive service at GS-15 (or equivalent) and below, if OPM determines that there is either a severe shortage of candidates or a critical hiring need for such positions. It is not required that this direct-hire authority be exercised by a delegated examining unit. Requests for direct-hire authority must be submitted by the agency's Chief Human Capital Officer (or equivalent) at the agency headquarters level. OPM will determine the length of the direct-hire authority based on the justification.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2013–2026 · leading case: Sutula v. MSPB (Fed. Cir. 2026).
Sutula v. MSPB (Fed. Cir. 2026). “Sutula’s hiring as 5 C.F.R. § 337.201 , which permits agencies to use direct-hiring au- thority (“DHA”) if “OPM determines that there is either a severe shortage of candidates or a critical hiring need for such positions.”
Pinales-Garcia v. Dep't of Def., 526 F. App'x 986 (Fed. Cir. 2013). “§ 3304 (a)(3) and 5 C.F.R. § 337.201 , which authorizes the Agency to make appointments without regard to the veterans’ preference provisions in Sections 3309 through 3318.”
Tamika Alexander v. Dep't of Health & Human Servs. (MSPB 2015). “She was hired under the authority of 5 C.F.R. § 337.201 , which is silent as to whether appointees are required to serve a 1-year probationary period.”
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