The Director, Office of Personnel Management, shall promulgate and enforce regulations necessary to carry out the provisions of the Civil Service Act and the Veterans' Preference Act, as reenacted in title 5, United States Code, the Civil Service Rules, and all other statutes and Executive orders imposing responsibilities on the Office. The Director is authorized, whenever there are practical difficulties and unnecessary hardships in complying with the strict letter of the regulation, to grant a variation from the strict letter of the regulation if such a variation is within the spirit of the regulations, and the efficiency of the Government and the integrity of the competitive service are protected and promoted. Whenever a variation is granted the Director shall note the official record to show:
(a) The particular practical difficulty or hardship involved, (b) what is permitted in place of what is required by regulations, (c) the circumstances which protect or promote the efficiency of the Government and the integrity of the competitive service, and (d) a statement limiting the application of the variation to the continuation of the conditions which gave rise to it. Like variations shall be granted whenever like conditions exist. All such decisions and information concerning variations noted in the official record shall be published promptly in a Federal Personnel Manual Letter or Bulletin and in the Director's next annual report.
Notes of Decisions
Meeker v. Merit Sys. Prot. Bd., 319 F.3d 1368 (Fed. Cir. 2003).
· cites it 7× “203 , the Director of OPM approved a variation from the regulation using the procedures outlined in 5 C.F.R. § 5.1 . Under that regulation, OPM’s Director is authorized to “grant a variation from the strict letter” of any OPM regulation whenever there are “practical difficulties…”
Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005).
“”), and the President has, in turn, delegated this authority to OPM, see 5 C.F.R. § 5.1 (2005). 5 . Pursuant to its delegated authority, OPM has created three schedules of excepted service positions: Schedule A, Schedule B, and Schedule C.”
Am. Fed'n of Gov't Employees, Afl-Cio, Plaintiffs v. John C. Stetson (Successor), Sec'y of the Air Force, Defendants, 640 F.2d 642 (5th Cir. 1981).
“The Director, Office of Personnel Management, is given the authority by 5 C.F.R. § 5.1 , to promulgate the regulations, cited infra, which detail the rights of federal employees subject to a RIF.”
Abundis v. United States, 15 Cl. Ct. 506 (Ct. Cl. 1988).
“§ 1103 (a)(5) (1982); 5 C.F.R. § 5.1 (1988). Moreover, the agency’s interpretation of regulations has been upheld with respect to overtime wage calculations on several occasions.”
Daniel J. Miller, Jr. v. United States of Am. & Dep't of the Army, 717 F.2d 109 (3rd Cir. 1983).
“5 C.F.R. § 5.1 (1983) provides that “[t]he Director [of OPM] is authorized, whenever there are practical difficulties and unnecessary hardships in complying with the strict letter of the regulation, to grant a variation from the strict letter of the regulation .”
Dean v. Dep't of the Air Force, 592 F. App'x 923 (Fed. Cir. 2014).
“The President has delegated the classification authority to the Office of Personnel Management (OPM), 5 C.F.R. §§ 5.1 , 6.1, which has promulgated criteria and procedures for an agency’s creation of excepted-service positions, id.”
Avalos v. Hud (Fed. Cir. 2020).
“” 5 C.F.R. § 5.1 ; see also Meeker v. Merit Sys.”
Patterson v. Dept. Of the Interior (Fed. Cir. 2005).
“”), and the President has, in turn, delegated this authority to OPM, see 5 C.F.R. § 5.1 (2005). 05-3047 7 rating and ranking procedures of 5 U.”
Beams v. Norton, 327 F. Supp. 2d 1323 (D. Kan. 2004).
“See 5 C.F.R. § 5.1 , et seq. 27 . 313 F.3d 1194 (9th Cir.”
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