5 C.F.R. § 351.703
Exception to qualifications
An agency may assign an employee to a vacant position under § 351.201(b) or § 351.701 of this part without regard to OPM's standards and requirements for the position if:
(a) The employee meets any minimum education requirement for the position; and
(b) The agency determines that the employee has the capacity, adaptability, and special skills needed to satisfactorily perform the duties and responsibilities of the position.
Notes of Decisions
Cited in 7
cases, 1973–1986 · leading case: Raymond E. Dodd v. Tennessee Valley Auth., 770 F.2d 1038 (Fed. Cir. 1985).
Raymond E. Dodd v. Tennessee Valley Auth., 770 F.2d 1038 (Fed. Cir. 1985). “I If an employee satisfies the requirements of 5 C.F.R. § 351.703 , 2 an agency is required to assign him to a position “in another competitive level in his competitive area” rather than separate him.”
Cassandra M. Menoken v. Dep't of Health & Human Servs., 784 F.2d 365 (Fed. Cir. 1986). “302(c) and 5 C.F.R. § 351.703 .” See Mello v. Department of Energy, 20 M.”
Shirey v. Devine, 670 F.2d 1188 (D.C. Cir. 1982). “5 C.F.R. § 351.703 (1981). But an agency decides on its own whether employees within the same retention subgroup may displace each other, based on factors such as length of time in service.”
Mary Lou Starling v. Dep't of Hous. & Urban Dev., 757 F.2d 271 (Fed. Cir. 1985). “Starling, citing 5 C.F.R. § 351.703 (a) (1982), 3 contends that the agency was expressly required to offer her the temporary GS-12 position.”
Ellis, 223 Ct. Cl. 735 (Ct. Cl. 1980). “See, 5 C.F.R. § 351.703 (a)(2). On remand, it was found that the position into which plaintiff wished to retreat differed significantly from those which plaintiff had previously held or been promoted through.”
Elmore v. Hampton, 373 F. Supp. 360 (E.D. Tenn. 1973). “As an illustration, see 5 CFR 351.703. . Plaintiff himself admitted this during the hearing.”
Vetter, 223 Ct. Cl. 707 (Ct. Cl. 1980). “701 (a)(1) and (4); 5 C.F.R. § 351.703 . NASA claimed that plaintiff did not meet the minimum qualifications for any of the GS-13 jobs in which he sought to bump the incumbents (and, by necessary implication, that he could not be placed in any of those positions "without undue…”
— 5 C.F.R. § 351.703(a)(2) — 1 case
Ellis, 223 Ct. Cl. 735 (Ct. Cl. 1980). “See, 5 C.F.R. § 351.703 (a)(2). On remand, it was found that the position into which plaintiff wished to retreat differed significantly from those which plaintiff had previously held or been promoted through.”
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