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in religious, civic, welfare, service, and organizational activities, regardless of whether any compensation was received therefor. (June 27, 1944, ch. 287, § 4, 58 Stat. 388.).

SAVING CLAUSE Separability provisions, see note set out under ection 851 of this title.

§ 854. Waiver of physical and educational qualifications.-In determining qualifications for examination, appointment, promotion, retention, transfer, or reinstatement, with respect to preference eligibles, the Civil Service Commission or other examining agency shall waive requirements as to age, height, and weight, provided any such requirement is not essential to the performance of the duties of the position for which examination is given. The Civil Service Commission or other examining agency, after giving due consideration to the recommendation of any accredited physician, shall waive the physical requirements in the case of any veteran, provided such veteran is, in the opinion of the Civil Service Commission, or other examining agency physically able to discharge efficiently the duties of the position for which the examination is given. No minimum educational requirement will be prescribed in any civil-service examination except for such scientific, technical, or professional positions the duties of which the Civil Service Commission decides cannot be performed by a person who does not have such education. The Commission shall make a part of its public records its reasons for such decision. (June 27, 1944, ch, 287, § 5, 58 Stat. 388.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 855. Exemption from certain restrictive laws.-Preference eligibles shall not be subect to the provisions of section 641 of this title concerning two or more members of a family in the service, or to the provisions of section 633 of this title concerning apportionment of appointments in the Government departments in the District of Columbia among the several States and Territories according to population, but may be required to furnish evidence of residence and domicile. (June 27, 1944, ch. 287( § 6, 58 Stat. 389.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 856. Register or lists of eligibles; entry rank. The names of preference eligibles shall be entered on the appropriate registers or lists of eligibles in accordance with their respective augmented ratings, and the name of a preference eligible shall be entered ahead of all others having the same rating: Provided, That, except for positions in the professional and scientific services for which the entrance salary is over $3,000 per annum, the names of all qualified preference eligibles, entitled to ten "points in addition to their earned ratings shall be placed at the top of the appropriate civil-service register or employment list, in accordance with their respective augmented ratings. (June 27, 1944, ch. 287, § 7, 58 Stat. 389.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

8 857. Certification of eligibles; selection from available names; exceptions; promotion of substitutes in postal service.—When, in accordance with civil-service laws and rules, a nominating or appointing officer shall request certification of eligibles for appointment purposes, the Civil Service Commission shall certify, from the top of the appropriate register of eligibles, a number of names. sufficient to permit the nominating or appointment officer to consider at least three names in connection with each vacancy. The nominating or appointing officer shall make selection for each vacancy from not more than the highest three names available for appointment on such certification, unless objection shall be made, and sustained by the Commission, to one or more of the persons certified, for any proper and adequate reason, as may be prescribed in the rules promulgated by the Civil Service Commission: Provided, That an appointing officer who passes over a veteran eligible and selects a nonveteran shall file with the Civil Service Commission his reasons in writing for so doing, which shall become a part of the record of such veteran eligible, and shall be made available upon request to the veteran or his designated representative; the Civil Service Commission is directed to determine the sufficiency or such submitted reasons and, if found insufficient, shall require such appointment officer to submit more detailed information in support thereof; the findings of the Civil Service Commission as to the sufficiency or insufficiency of such reasons shall be transmitted to and considered by such appointing officer, and a copy thereof shall be sent to the veteran eligible or to his designated representative upon request therefor: Provided, further, That if, upon certification, reasons deemed sufficient by the Civil Service Commission for passing over his name shall three times have been given by an appointing officer, certification of his name for appointment may thereafter be discontinued, prior notice of which shall be sent to the veteran eligible. Whenever in the Postal Service two or more substitutes are appointed on the same day, they shall be promoted to the regular force in the order in which their names appeared on the civil-service register from which they were originally appointed. whenever there are substitutes of the required sex who are eligible and will accept, unless such vacancies are filled by transfer or reinstatement. (June 27, 1944, ch. 287, § 8, 58 Stat. 389.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

$ 858. Unclassified civil service; selection from qualified applicants. In the unclassified Federal, and District of Columbia, civil service, and in all other positions and employment hereinbefore referred to in (c) of section 851 of this title, the nominating or appointing officer or employing official shall make selection from the qualified applicants in accordance with the provisions of this chapter. (June 27, 1944, ch. 287, § 9, 58 Stat. 389.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

$ 859. Periodic examinations by Civil Service Commission.The Civil Service Commission is authorized and directed to hold an examination, during the next succeeding quarterly period, for any position to which any appointment has been made within the preceding three years, for any person included under section 851 (1), (2), and (3) of this title upon application for examination for any such position. (June 27, 1944, ch. 287, § 10, 58 Stat. 390.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 860. Rules and regulations by Civil Service Commission.The Civil Service Commission is hereby authorized to promulgate appropriate rules and regulations for the administration and enforcement of the provisions of this chapter. (June 27, 1944, ch. 287, § 11, 58 Stat. 390.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 861. Reduction in personnel; considerations affecting release. -In any reduction in personnel in any civilian service of any Federal agency, competing employees shall be released in accordance with Civil Service Commission regulations which shall give due effect to tenure of employment, military preference, length of service, and efficiency ratings: Provided, That the length of time spent in active service in the armed forces of the United States of each such employee shall be credited in computing length of total service: Provided further, That preference employees whose efficiency ratings are "good" or better shall be retained in preference to all other competing employees and that preference employees whose efficiency ratings are below "good" shall be retained in preference to competing nonpreference employees who have equal or lower efficiency ratings: And provided further, That when any or all of the functions of any agency are transferred to, or when any agency is replaced by, some other agency, or agencies, all preference employees in the function or functions transferred or in the agency which is replaced by some other agency shall first be transferred to the replacing agency, or agencies, for employment in positions for which they are qualified, before such agency, or agencies, shall appoint additional employees from any other source for such positions. (June 27, 1944, ch. 287, § 12, 58 Stat. 390.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 862. Recertification and reappoinment of resigned, dismissed, or furloughed employees. Any preference eligible who has resigned or who has been dismissed or furloughed may, at the request of any appointing officer, be certified for, and appointed to, any position for which he may be eligible in the civil service, Federal, or District of Columbia, or in any estabment, agency, bureau, administration, project, .or department, bureau, administration, project, or department, temporary or permanent. (June 27, 1944, ch. 287, § 13, 58 Stat. 398.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 863. Discharge, suspension, etc., only for cause; reason in writing; advance notice; personal appearance; findings and recommendations.—No permanent or indefinite preference eligible, who has completed a probationary or trial period employed in civil service, or in any establishment, agency, bureau, administration, project, or department, hereinbefore referred to shall be discharged, suspended for more than thirty days, furloughed without pay, reduced in rank or compensation, or debarred for future appointment except for such cause as will promote the efficiency of the service and for reasons given in writing, and the person whose discharge, suspension for more than thirty days, furlough without pay, or reduction in rank or compensation is sought shall have at least thirty days' advance written notice (except where there is reasonable cause to believe the employee to be guilty of a crime for which a sentence of imprisonment can be imposed), stating any and all reasons, specifically and in detail, for any such proposed action; such preference eligible shall be allowed a reasonable time for answering the same personally and in writing, and for furnishing affidavits in support of such answer, and shall have the right to appeal to the Civil Service Commission from an adverse decision of the administrative officer so acting, such appeal to be made in writing within a reasonable length of time after the date of receipt of notice of such adverse decision: Provided, That such preference eligible shall have the right to make a personal appearance, or an appearance through a designated representative, in accordance with such reasonable rules and regulations as may be issued by the Civil Service Commission; after investigation and consideration of the evidence submitted, the Civil Service Commission shall submit its findings and recommendations to the proper administrative officer and shall send copies of same to the appellant or to his designated representative: Provided further, That the Civil Service Commission may declare any such preference eligible who may have been dismissed or furloughed without pay to be eligible for the provisions of section 864 of this title. (June 27, 1944, ch. 287, § 14, 58 Stat. 390.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 864. Separated or furloughed eligibles as entitled to reclassification and reappointment.-Any preference eligible, who has been furloughed, or separated without delinquency or misconduct, upon request, shall have his name placed on all appropriate civil-service registers and/or on all employment lists, for every position for which his qualifications have been established, as mantained by the Civil Service Commission, or as shall be maintained by any agency or project of the Federal Government, or of the District of Columbia, in the order as provided in section 856 of this title, and shall then be eligible for recertification and reapointment in the order and according to the procedure as provided for in sections 856 and 857 of this title. No appointment shall be made from an examination register of eligibles, except of ten-point preference eligibles, when there are three or more names of preference eligibles on any appropriate reemployment list for the position to be filled. (June 27, 1944, ch. 287, § 15, 58 Stat. 391.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 865. Resigned eligibles as entitled to reclassification and reappointment.-Any preference eligible who has resigned shall, upon request to the Civil Service Commission, have his name again placed on all proper civil-service registers for which he may have been qualified, in order as provided for in section 856 of this title, and shall then be eligible for recertification and reappointment in the order, and according to the procedure, as provided for in sections 856 and 857 of this title. (June 27, 1944, ch. 287, § 16, 58 Stat. 391.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 866. Definition of “Civil Service Commission” or “Commission.”—The term "Civil Service Commission" or "Commission" as used in this chapter shall mean the present United States Civil Service Commission or any body or person who may by law succeed to its powers and duties, or any of them, or which or who may be designated by law to perform any specific duty and possess any specific power concerning matters covered by this chapter. (June 27, 1944, ch. 287, § 17, 58 Stat. 391.).

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 867. Repeal of inconsistent laws; saving clause.-All Acts and parts of Acts inconsistent with the provisions hereof are hereby modified to conform herewith, and this chapter shall not be construed to take away from any preference eligible any rights heretofore granted to, or possessed by, him under any existing law, Executive order, civil-service rule or regulation, of any department of the Government or officer thereof. (June 27, 1944, ch. 287, § 18, 58 Stat. 391.)

SAVING CLAUSE Separability provisions, see note set out under section 851 of this title.

§ 868. Enforcement of rules and regulations by Commission. -It shall be the authority and duty of the Civil Service Commission in all cases under the classified civil service to make and enforce appropriate rules and regulations to carry into full effect the provisions, intent, and purpose of this chapter and such Executive orders as may be issued pursuant thereto and in furtherance thereof. (June 27, 1944, ch. 287, § 19, 58 Stat. 391.)

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