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CFR

330.608—Application and selection.

(a) Application. (1) To receive this special selection priority, an eligible employee must apply for a specific agency vacancy in the same local commuting area as the position the employee occupies within the prescribed time frames, attach the appropriate proof of eligibility as described in paragraph (a)(2) of this section, and be determined well-qualified by the agency for the specific vacancy.
(2) Employees may submit the following as proof of eligibility for the special selection priority:
(i) RIF separation notice or notice of proposed removal for declining a directed reassignment or transfer of function outside the local commuting area;
(ii) Certificate of expected separation or other official notice from the agency indicating that the employee is surplus or eligible for discontinued service retirement; or
(iii) Other official agency certification identifying the employee as being in a surplus organization or occupation.
(b) Selection. An agency may decide the specific order of selection of its eligible employees within the provisions set forth in § 330.606(a) (e.g., the agency may decide to select displaced employees before surplus employees or may select surplus and/or displaced employees from within a particular component of the agency before selecting surplus and/or displaced employees from another component of the agency).
(c) An agency cannot select any other candidate from within or outside the agency if eligible employees are available for the vacancy or vacancies.
(d) If two or more eligible employees apply for a vacancy and are determined to be well-qualified, any of these eligible employees may be selected.
(e) If no eligible employees apply or none is deemed well-qualified, the agency may select another agency employee without regard to this subpart.

Code of Federal Regulations

Effective Date Note: At 75 FR 67593, Nov. 3, 2010, part 330 was revised, effective Mar. 3, 2011. For the convenience of the user, the revised text is set forth as follows: PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) § 330.608 Other agency CTAP responsibilities. (a) An agency must make a career transition orientation session available to all agency surplus and displaced employees with information on selection priority under this subpart and subparts B and G. Such orientation sessions may be in person or web-based through an agency automated training system or intranet. (b) An agency must give each agency CTAP eligible written information on selection priority under its plan, explaining how to locate and apply for agency vacancies and request selection priority. The agency may meet this requirement by providing a copy of its CTAP established under § 330.603 . Pt. 330, Nt. (c) An agency must take reasonable steps to ensure that agency CTAP eligibles have access to information on all vacancies, including how CTAP eligibles can apply, what proof of eligibility is required, and the agency definition of “well-qualified” for the vacancy. (d) If the agency can document that there are no CTAP eligibles in a local commuting area, the agency need not post the vacancy for CTAP eligibles. (e) An agency must provide a CTAP eligible who applied for a specific vacancy written notice of the final status of his or her application, including whether the eligible was determined to be well-qualified. The agency notice must include the results of the independent, second review under § 330.605(b) , if applicable; whether another CTAP selection priority candidate was hired; whether the position was filled under an exception listed in § 330.609 ; and whether the recruitment was cancelled. Pt. 330, Nt.
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