5 C.F.R. § 6.8

Specified exceptions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Positions in the Department of the Interior and in the Department of Commerce whose incumbents serve as the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS-15 of the General Schedule, and shall be designated Noncareer Executive Assignments for positions graded higher than GS-15. Incumbents of these positions who are, on February 15, 1975, in the competitive service shall not be affected by the foregoing provisions of this section.

(b) Positions in the Community Services Administration and ACTION whose incumbents serve as regional director or regional administrator shall be listed in Schedule C for grades not exceeding GS-15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS-15. Incumbents of these positions who are, on November 29, 1977, in the competitive service shall not be affected by the foregoing provisions of this subsection.

(c) Within the Department of Agriculture, positions in the Agriculture Stabilization and Conservation Service the incumbents of which serve as State Executive Directors and positions in the Farmers Home Administration the incumbents of which serve as State Directors or State Directors-at-Large shall be listed in Schedule C for all grades of the General Schedule.

(d) Effective on July 10, 2018, the position of administrative law judge appointed under 5 U.S.C. 3105 shall be listed in Schedule E for all levels of basic pay under 5 U.S.C. 5372(b). Incumbents of this position who are, on July 10, 2018, in the competitive service shall remain in the competitive service as long as they remain in their current positions.

(e) An employee in the competitive service serving a probationary period when his position is first listed under Schedule Policy/Career of the excepted service shall acquire competitive status upon satisfactorily completing 1 year of current continuous service in that position.

[E.O. 11839, 40 FR 7351, Feb. 19, 1975, as amended by E.O. 11887, 40 FR 51411, Nov. 5, 1975; E.O. 12021, 42 FR 61237, Dec. 2, 1977; 47 FR 4227, Jan. 29, 1982; E.O. 13843, 83 FR 32755, July 13, 2018; E.O. 14410, 91 FR 34894, June 10, 2026]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1981–2023 · leading case: K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023).

Sort: Relevance Newest Treatment

K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023). “at 32,757 ; see 5 C.F.R. § 6.8 (d). The Secretary of Labor can remove an ALJ from office “only for good cause established and determined by the Merit Systems Protection Board [MSPB] on the record after opportunity for hearing before the Board.”

Hedman v. United States, 15 Cl. Ct. 304 (Ct. Cl. 1988). “1966) (ASCS office manager suspended by State Committee) (held: Although government employee has no constitutional right to a hearing with all the requirements of due process, " 'where governmental action seriously injures an individual, and the reasonableness of the action…”

Brunton v. United States, 518 F. Supp. 223 (S.D. Ohio 1981). “8 of the Civil Service Rule VI (5 C.F.R. 6.8) is amended by adding the following new subsection: “(c) Within the Department of Agriculture, positions in the Agricultural Stabilization and Conservation Service the incumbents of which serve as State Executive Directors and…”

Huber v. Merit Sys. Prot. Bd., 793 F.2d 284 (Fed. Cir. 1986). “§ 3301 note (1982) , which amended 5 C.F.R. § 6.8 to include a new subsection: (c) Within the Department of Agriculture, positions in the Agricultural Stabilization and Conservation Service the incumbents of which serve as State Executive Directors and positions in the Farmers…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.