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51.3 Department of Commerce. (a) Commercial attachés and assistant commercial attachés, trade commissioners and assistant trade commissioners, district managers and assistant district managers, experts, and commercial agents and special agents, to investigate trade conditions abroad and in the United States, Alaska, Philippines and other insular possessions, with the object of promoting the foreign and domestic commerce of the United States. [E.O. 6214-A, July 25, 1933]

(b) The Director of Air Commerce, two Assistant Directors of Air Commerce, and not exceeding 10 consulting aeronautical ex, perts qualified in some branch of theoretical or applied aeronautical science, aviation medicine, or aviation law, whose training and experience indicate the possession of qualifications necessary to discharge the duties to be assigned.* [E.O. 7853, Mar. 29, 1938]

51.4 War Department. (a) Positions of military storekeeper in the Signal Service at large when filled by retired noncommissioned officers of the Signal Corps. [E.O. 2481, Oct. 31, 1916]

(b) Four positions of headquarters messenger at the headquarters of the Philippine Department, when filled by honorably discharged enlisted men who have been on duty at those headquarters. [E.O. 5777, Jan. 19, 1932]

(c) Any person employed in an area outside the continental limits of the United States (except the Canal Zone and Alaska), when in the opinion of the Secretary of War the best interests of the service so require.* [E.O. 7405, July 6, 1936]

51.5 Department of Justice. Any competitive position at a United States penitentiary when filled by a paroled prisoner who is recommended for such employment by the officers of the penitentiary in which the employment is proposed, by the board of parole, and by the Department of Justice.* [E.O. 2435, Aug. 4, 1916]

51.6 District of Columbia. Surgeons of the police and fire departments of the District of Columbia.* [E.O. 3534, Aug. 16, 1921]

51.7 Treasury Department. Classified positions in the custodian service when filled by the promotion of unclassified laborers, subject to the approval of the Commission.* [E.O. 4018, June 4, 1924]

51.8 State Department. (a) Specialists in foreign relations, political, economic, and financial, whose proposed compensation is $3,200 or more, and whose training and experience along the lines of their proposed duties meet the standard minimum qualifications set up in open competitive examinations for positions in the professional service for corresponding grades. [E.O. 5171, Aug. 8, 1929]

(b) Persons formerly employed abroad as United States diplomatić or consular officers of career or foreign-service officers of career for the period of at least four years, for service in the Department of State as administrative officers or executive advisers in positions comparable in salary with the associate professional grade or higher.* * [E.O. 5513, Dec. 13, 1930]

51.9 Navy Department. (a) Such positions of a professional, scientific, technical, or supervisory nature under the Naval Estab

*For statutory citation, see note to g 51.0.

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lishment in the Philippine Islands, as may be agreed upon by the Secretary of the Navy and the Civil Service Commission. E.O. 5170, Aug. 8, 1929]

(b) Any person employed in an area outside the continental limits of the United States (except the Canal Zone and Alaska), when in the opinion of the Secretary of the Navy the best interests of the service so require. [E.O. 7404, July 1, 1936, 1 F.R. 714]

(c) Classified positions in the field service of the Navy Department and the Marine Corps when filled by the promotion of unclassified laborers, subject to the approval of the Commission.* [E.O. 7661, July 17, 1937, 2 F.R. 1251)

51.10 Farm Credit Administration. (a) Attorneys of all grades. [E.O. 5248, Dec. 28, 1929]

(b) Experts in all branches of agricultural science, economics, finance, law, statistics, accountancy, insurance, and business administration, whose training and experience along the lines of their proposed duties clearly indicate the possession of expert qualifications.* (E.O. 5248, Dec. 28, 1929]

51.11 Post Office Department. One postal rate expert.* [E.O. 5922, Sept. 17, 1932]

51.12 National Training School for Boys. Cottage officers and cottage matrons.* [E.O. 7228, Nov. 18, 1935]

PART 52-APPOINTMENT OF UNCLASSIFIED LABORERS

Sec.

Sec. 52.1 Authority.

52.9 Demotion from classified posi52.2 Qualifications of applicants.

tions. 52.3 Appointment of aliens.

52.10 Temporary appointment. 52.4 Causes of rejection.

52.11 Reinstatement. 52.5 Political or religious affiliations. 52.12 Transfer. 52.6 Method of rating.

52.13 Removal. 52.7 Eligibility.

52.14 Reports of changes. 52.8 Certification, appointment, and

assignment. Section 52.1 Authority. The Civil Service Commission is authorized to apply the regulations in this part to such cities or parts of the executive civil service as it may deem expedient. It shall be the duty of all officers in the executive civil service to aid the Commission in all proper ways in carrying said regulations into effect.** (Execu

[ tive approval, June 5, 1922]

**8 $ 52.1 to 52.14, inclusive, issued under the authority contained in R.S. 1753; 5 U.S.C. 631.

52.2 Qualifications of applicants. Applicants must be citizens of the United States, physically and mentally qualified, of good character and habits, and not less than 18, nor more than 50, years of age, except for the position of boy laborer, for which applicants must be not less than 14 (except when a higher minimum is required by State laws) nor more than 18 years of age. These age limitations shall not apply to persons honorably discharged from the Army or Navy or Marine Corps, who may be admitted to examination without reference to age.** ' [E.O., June 5, 1922]

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*For statutory citation, see note to 8 51.0.

*

52.3 Appointment of aliens. Whenever citizen eligibles are not obtained as a result of duly announced examinations, aliens may be employed temporarily without regard to the regulations. In all such cases, however, if citizen eligibles later are available, places temporarily filled by aliens shall be immediately vacated and filled by citizen eligibles. In no circumstances shall alien labor be engaged under wage rate less than the prevailing rate for like labor paid to citizen labor in the immediate vicinity.* [E.O. 4344, Nov. 20, 1925]

52.4 Causes of rejection. An applicant may be rejected for any of the following reasons:

(a) Dismissal from the public service-Federal, State, or municipal--for misconduct within 1 year preceding.

(b) Physical or mental unfitness.

(c) Criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct.

(d) Intentionally making a false statement in any material fact or practicing deception or fraud in securing registration or appointment.* [E.O., June 5, 1922]

52.5 Political or religious affiliations. The political or religious opinions or affiliations of any applicant, eligible, or employee shall not be inquired into nor considered.* [E.O., June 5, 1922]

52.6 Method of rating Applicants shall be rated upon their physical ability to perform manual labor as determined by physicians designated by the Commission.* [E.O., June 5, 1922]

52.7 Eligibility. The names of eligibles, with the kinds of labor in which proficient, rated at 85 or more, shall be registered by sex in the order of their ratings on physical condition, except that honorably discharged soldiers, sailors and marines, their widows, and the wives of soldiers, sailors and marines disqualified by injuries received in service and line of duty, shall have priority. Eligibility shall be for 1 year, but the period may be extended by the Commission for all those on any register if it is deemed inexpedient to hold a new examination.* [E.O., June 5, 1922]

52.8 Certification, appointment, and assignment. No person who is to perform mere manual labor in cities or parts of the service where the regulations in this part are in force shall be appointed otherwise than in accordance with them. When an appointment is to be made the employing officer shall request certification, specifying sex, duties (including any proposed incidental assignment to classified duties), and the duration of the employment. If the duties are entirely or principally mere manual labor, the highest three eligibles who have not already been considered three times by the employing officer shall be certified. When there is at least one eligible and not more than two eligibles, the name of the one eligible or the names of the two eligibles shall be certified with a view to regular appointment, but if the employing officer shall elect not to make regular appointment, then if temporary appointment is required it shall be made from such certificate unless reasons satisfactory to the Commission or its district manager are furnished why such appointment should not be made. If the duties involve other than mere

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*For statutory citation, see note to $ 52.1,

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manual labor, the Commission may certify the highest three eligibles found to possess the requisite qualifications, after such investigation as it may deem necessary. The person selected shall be duly notified by the employing officer and shall be given a fair trial. Å laborer with an unclassified status may not be appointed or promoted to a classified position except through open competitive examination, nor assigned to the duties of such position except incidentally, and then not without the approval of the Commission or the district manager.* [E.O., June 5, 1922]

52.9 Demotion from classified positions. A classified employee may be transferred upon certificate of the Commission to unclassified laborer upon his passing the required physical examination.* [E.O., June 5, 1922)

52.10 Temporary appointment. Temporary employment shall be made from among the highest three eligibles willing to accept for the duration specified, and their names will be restored to the register for the remainder of their period of eligibility. When a demand arises which cannot be met under the regulations in this part, a person whose name is either not on the register or not in turn for certification may be appointed temporarily; but such appointment shall continue only during the continuance of the conditions which necessitated it, and no such person shall be thus employed more than 30 days in any period of 12 months, unless no eligibles are available.* [E.O., June 5, 1922]

52.11 Reinstatement. A person having an unclassified competitive status, or eligibility for such status through competitive examination, at the time he is separated without delinquency or misconduct from an unclassified laborer position in the Federal service may be reinstated to a similar position under any department or independent establishment subject to physical examination and to the following limitations. [E.O. 7811, Feb. 9, 1938, 3 F.R. 339] :

(a) Unless otherwise provided hereinafter, an unclassified laborer may be reinstated only upon certificate of the Commission and upon requisition made within one year from the date of separation. In its discretion the Commission may authorize waiver of the 1-year limit herein prescribed under the following limitations: 2 years where service has been 2 years but less than 3 years; 3 years where service has been 3 years but less than 4 years; 4 years where service has been 4 years but less than 5 years; and without time limit where service has been 5 years or more: Provided, That the applicant for reinstatement who has been separated for more than 5 years is otherwise eligible as set forth under the conditions of the Executive Order of June 2, 1920 [See $ 9.104]; And provided further, That he passes a thorough physical examination." [E.O. 6916, Dec. 7, 1934)

(b) A person honorably released from the active military or naval service of the United States after service in the Civil War, or the war with Spain, or the war with Germany, or his widow, or an Army nurse of any of said wars, or the wife of an honorably released totally disabled veteran of any of such wars, may be reinstated within 5 years from the date of separation from the unclassified position: Pro

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*For statutory citation, see note to $ 52.1.

*

vided, That the Commission may authorize such reinstatement without time limit when, in its opinion, the interests of the public service require such action. [E.O. 5111, May 13, 1929]

(c) A person separated from an unclassified position in the field service may be reemployed in the same office within 1 year without certificate of the Civil Service Commission.* [E.O. 5111, May 13, 1929)

52.12 Transfer. An unclassified laborer in good standing after at least 6 months' service may be transferred to another department or office upon certificate of the Commission or district manager, or he may be transferred within the 6-month period if his rating is in reach on the register for the new appointment.* [E.O., June 5, 1922]

52.13 Removal. No unclassified laborer other than temporary shall be removed except for such cause as in the judgment of the employing officer will promote the efficiency of the service, and no trial or hearing shall be required except at the discretion of such officer. The reasons for any removal shall be made of record in the office in which the person is serving and shall be open to the inspection of the Commission.* [E.O., June 5, 1922]

52.14 Reports of changes. Appointing officers shall report to the Commission or the district manager all appointments and changes in status of unclassified laborers. Reports of separations shall state the cause.* [E. O., June 5, 1922]

[5

PART 53-RETIREMENT

Sec.

Sec. Executive orders under the Re- 53.11 Collectors of cotton statistics. tirement Act

53.12 Extension to certain Federal em53.1 Executive Office employees in

ployees on the Isthmus of Pancluded in Retirement Act.

ama. 53.2 Alaska Railroad excluded.

53.13 Extension to employees ap53.3 Certain excepted employees in

pointed under authority

of cluded in provisions of the Re

8 2.10. tirement Act.

Retirement regulations 53.4 Certain Reclamation Service em- 53.101 Administration. ployees excluded.

53.102 Evidence. 53.5 Extension to unclassified labor- 53.103 Applications. ers.

53.104 Time for filing applications. 53.6 Exclusion of certain Coast and 53.105 Disability retirement; medical Geodetic Survey employees.

examinations. 53.7 Exclusion of certain Lighthouse 53.106 Effective date of retirement. Service employees.

53.107 Computation of interest. 53.8 Exclusion of seasonal substitute 53.108 Military service. postal employees.

53.109 Death claims. 53.9 Exclusion of certain employees 53.110 Designation of beneficiary.

in the Indian Irrigation Service. 53.111 Designation of agent. 53.10 Exclusion of certain Naval Es- 53.112 Disclosure of information. tablishment employees.

53.113 Appeals.

CROSS REFERENCE

Regulations of the General Accounting Office relating to the disposition of

civil service retirement checks of deceased or incompetent persons: See Accounts, 4 CFR Part 6.

*For statutory citation, see note to $ 52.1.

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