C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER A—CIVIL SERVICE RULES › PART 6—EXCEPTIONS FROM THE COMPETITIVE SERVICE (RULE VI)

5 C.F.R. § 6.2

Schedules of excepted positions

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OPM shall publish at least annually a list of the positions excepted from the competitive service in the following schedules, which constitute parts of this rule:

Schedule A. Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be listed in Schedule A. Schedule B. Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by OPM. Schedule C. Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition shall be listed in Schedule C. Schedule D. Positions other than those of a confidential or policy-determining character for which the competitive service requirements make impracticable the adequate recruitment of sufficient numbers of students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs. These positions, which are temporarily placed in the excepted service to enable more effective recruitment from all segments of society by using means of recruiting and assessing candidates that diverge from the rules generally applicable to the competitive service, shall be listed in Schedule D. Schedule E. Positions of administrative law judge appointed under 5 U.S.C. 3105 shall be listed in Schedule E. Conditions of good administration warrant that the position of administrative law judge be placed in the excepted service and that appointment to this position not be subject to the requirements of 5 CFR, part 302, including examination and rating requirements, though each agency shall follow the principle of veteran preference as far as administratively feasible. Schedule Policy/Career. Career positions of a confidential, policy-determining, policy-making, or policy-advocating character not normally subject to change as a result of a Presidential transition shall be listed in Schedule Policy/Career. In appointing an individual to a position in Schedule Policy/Career, each agency shall follow merit-based hiring procedures as may be prescribed by OPM and shall follow the principle of veteran preference as far as administratively feasible. Schedule G. Positions of a policy-making or policy-advocating character normally subject to change as a result of a Presidential transition shall be listed in Schedule G.[E.O. 14317, 90 FR 34753, July 23, 2025, as amended by E.O. 14410, 91 FR 34893, June 10, 2026]
Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1977–2024 · leading case: Brunton v. United States, 518 F. Supp. 223 (S.D. Ohio 1981).
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Brunton v. United States, 518 F. Supp. 223 (S.D. Ohio 1981). · cites it 3× “” 5 C.F.R. § 6.2 and §§ 213.3101 et seq. (1980).”
Nat'l Treasury Employees Union v. Ricki Helfer, Chair, Fed. Deposit Ins. Corp., 53 F.3d 1289 (D.C. Cir. 1995). · cites it 2× “5 C.F.R. § 6.2 . Pursuant to its Schedule A authority, which allows exception of “positions other than those of a confidential or policy-determining character for which it is not practicable to examine,” 5 C.”
Fiorentino v. United States, 221 Ct. Cl. 545 (Ct. Cl. 1979). “The schedule of excepted positions is now in 5 C.F.R. § 6.2 . 5 C.F.R. § 213.3102 (d) places attorneys in Schedule A.”
James T. Johnson v. Bob Bergland, Sec'y of Agric. Gordon Cavanaugh, Adm'r, Farmers Home Admin. & United States of Am., 586 F.2d 993 (4th Cir. 1978). “” 5 C.F.R. § 6.2 (1978). Johnson also submitted a letter written by the current Secretary of Agriculture, stating that State Directors of the Farmers Home Administration should be kept in Schedule A because they are “responsible for managing a business type operation.”
Stewart v. Rubin, 948 F. Supp. 1077 (D.D.C. 1996). “” 5 C.F.R. § 6.2 . Individuals hired under Schedule A do not have the same civil services protections as those hired on a career-conditional basis.”
Hedman v. United States, 15 Cl. Ct. 304 (Ct. Cl. 1988). “5 C.F.R. § 6.2 (1984). 22 Inasmuch as the ASCS County offices are agencies within the ex *313 ecutive branch of government and their employees are appointed subject to civil service laws, excepted positions must be included in one of the schedules published by the OPM.”
Dean v. Dep't of Labor, 808 F.3d 497 (Fed. Cir. 2015). “Section 7 also amended 5 C.F.R. § 6.2 to create Schedule D for the excepted service, which includes: Positions .”
Jephunneh Lawrence v. Elmer B. Staats, 640 F.2d 427 (D.C. Cir. 1981). “5 C.F.R. § 6.2 (1980). Regulations classifying particular jobs in the excepted service according to these schedules appear at 5 C.”
Carter v. Rubin, 14 F. Supp. 2d 22 (D.D.C. 1998). “” 5 C.F.R. § 6.2 . Individuals hired under Schedule A do not have the same civil service protections as those hired on a career-conditional basis.”
Ardith M. Horne v. Merit Sys. Prot. Bd. & Interstate Com. Comm'n, 684 F.2d 155 (D.C. Cir. 1982). “” 5 C.F.R. § 6.2 . Attorneys, like petitioners here, are listed under Schedule A, suggesting that they are not political employees.”
Comm. for Prot. of First Amendment Rights of Dep't of Agric. Employees v. Bergland, 434 F. Supp. 314 (D.D.C. 1977). “§ 3302 and 5 C.F.R. §§ 6.2 , 213.3101 et seq. The three schedules in the “excepted service” are defined as follows: Schedule A.”
Nat'l Treasury Employees Union v. Seidman, 786 F. Supp. 1041 (D.D.C. 1992). “” 5 C.F.R. § 6.2 . LG employees, whose positions are at issue in this case, work to liquidate the assets of failed banks all over the country.”
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