An agency may assign an employee to a vacant position under  § 351.201(b) or  § 351.701 of this part without regard to OPM's standards and requirements for the position if:
     
    
        
        (a) 
         The employee meets any minimum education requirement for the position; and
     
    
        
        (b) 
         The agency determines that the employee has the capacity, adaptability, and special skills needed to satisfactorily perform the duties and responsibilities of the position.
     
    
        
            Code of Federal Regulations
        
        [56 FR 65417, Dec. 17, 1991]