C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 731—SUITABILITY AND FITNESS › Subpart B—Determinations of Suitability or Fitness; Suitability Actions in Cases Involving the Competitive Service or Career Senior Executive Service

5 C.F.R. § 731.204

Debarment by OPM in cases involving the competitive service and career Senior Executive Service

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(a) When OPM finds an individual unsuitable for any reason listed in § 731.202, OPM, in its discretion, may, for a period of not more than 3 calendar years from the date of the unfavorable suitability determination, deny that individual examination for, and appointment to, the competitive service and career appointment in the Senior Executive Service.

(b) OPM may impose an additional period of debarment following the expiration of a period of OPM or agency debarment or when new conduct arises while under debarment, but only after the individual again becomes an applicant, appointee, or employee subject to OPM's suitability jurisdiction, and the individual's suitability is determined in accordance with the procedures of this part. An additional debarment period may be based in whole or in part on the same conduct on which the previous suitability action was based, when warranted, or new conduct.

(c) OPM, in its sole discretion, determines the duration of any period of debarment imposed under this section.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2024 · leading case: Jarrell Falas Nowlin v. Fed. Deposit Ins. Corp. (MSPB 2016).
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Jarrell Falas Nowlin v. Fed. Deposit Ins. Corp. (MSPB 2016). “See 5 C.F.R. § 731.204 . ¶8 The appellant’s claims of prohibited personnel practices and constitutional violations do not confer jurisdiction on the Board in the absence of an otherwise appealable action.”
Shawn Green v. Dep't of Vets. Affairs (MSPB 2024). “See 5 C.F.R. §§ 731.204 -.205 (prohibiting debarments for more than 3 years before an applicant’s suitability must be reassessed).”
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