(i) Service beyond seas. A citizen of the United States who has rendered faithful service for not less than seven years beyond the seas in a civil capacity not in contravention of the civil service laws, rules, or regulations may be given a classified status under such regulations as the Commission may prescribe upon certification by the head of the department or office in which he served that the case is one of exceptional merit: Provided, That shortly before such employment he resided for a substantial period of time in the United States.

CODIFICATION: In paragraph (1) the words "or rules" were deleted, a comma was inserted after the word "laws," and the words "rules, or regulations" were added, Mar. 8, 1946, 11 F.R. 2431.

§ 27.3 Examinations—(a) Competitive examinations. The Commission shall prepare, recruit for, hold, and rate open competitive examinations for probational appointment to positions in the classified service. These examinations shall be of a practicable and suitable character, and shall be held at such times and places as may most nearly meet the needs of the service, with due consideration for the convenience of applicants: Provided, That in examinations for the positions of guards, elevator operators, messengers, and custodians competition shall be restricted to persons entitled to five- or ten-point preference under this part as long as such persons are available and, during the second World War and for a period of five years following the termination of such war as proclaimed by the President or by a concurrent resolution of the Congress, for such other positions as may from time to time be determined by the President: Provided further, That where in the opinion of the Commission unlimited competition would result in far more eligibles than are required for the needs of the service, receipt of applications may be limited to that number which will meet the needs of the service for a reasonable length of time; in any such case of examinations for the departmental service in the metropolitan area, Washington, D. C., or of any other examinations where the area of competition extends beyond the boundaries of one state, the number of applications to be accepted from each state or territory or portion thereof that is included in the competitive area shall be in the same proportion to the total number of applications to be accepted as the population of the state or territory or portion thereof in the area of competition is to the entire area of competition.

NOTE: For other examinations restricted to persons entitled to preference under the Veterans' Preference Act of 1944, see E.O. 9589 and E.O. 9662, 3 CFR, 1945 Supp.

CODIFICATION: In § 27.3 (a), the last proviso was amended to read as set forth above,

Mar. 8, 1946, 11 F.R. 2431. Prior to its amendment the last proviso read as follows: Provided further, That where in the opinion of the Commission unlimited competition would result in far more eligibles than are required for the needs of the service, receipt of applications may be limited to that number which will meet the needs of the service for a reasonable length of time; in any such case of examinations for the departmental service or of any other examinations where the area of competition extends beyond the boundaries of one state, the number of applications to be accepted from each state or territory or portion thereof that is included in the competitive area shall be in the same proportion to the total number of applications to be accepted as the population of the state or territory or portion thereof in the area of competition is to the entire area of competition:

(b) Examinations. Examinations shall whenever practicable be assembled and include written, performance and practical tests; the rating of experience when part of the test shall, so far as practicable, follow personal interview and be qualitative as well as quantitative. Whenever the announcement of any examination in which education, training or experience is prerequisite shall so state, and the applicants are given opportunity to file detailed sworn statements of their qualifications, a preliminary competitive rating may be given on the basis of the duties, requirements, and conditions of work in the position to be filled before any applicant shall be required to travel for further tests. Applicants rated highest on such preliminary rating, to a number not incommensurate with the number of vacancies expected during the life of the list, shall be afforded opportunity to assemble or otherwise compete in such further competitive tests as the Commission may require. The character, record, and physical fitness of applicants shall be tested or investigated and approved whenever practicable prior to certification.

[Preceding paragraphs (a) and (b), in small type, superseded by following paragraphs (a) and (b) during period covered by this Supplement]

§ 27.3 Examinations—(a) Competitive examinations. The Commission shall prepare, recruit for, hold, and rate open competitive examinations for probational appointment to positions in the classified service. These examinations shall be of a practicable and suitable character, and shall be held at such times and places as may most nearly meet the needs of the service, with due consideration for the convenience of applicants: Provided, That where in the opinion of the Commission unlimited competition would result in far more eligibles than are required for the needs of the service,

receipt of applications may be limited to that number which will meet the needs of the service for a reasonable length of time; in any such case of examinations for the departmental service in the metropolitan area, Washington, D. C., or of any other examinations where the area of competition extends beyond the boundaries of one state, the number of applications to be accepted from each state or territory or portion thereof that is included in the competitive area shall be in the same proportion to the total number of applications to be accepted as the population of the state or territory or portion thereof in the area of competition is to the entire area of competition.

(b) Examinations. Examinations shall whenever practicable be assembled and include written, performance and practical tests; the rating of experience when part of the test shall, so far as practicable, follow personal interview and be qualitative as well as quantitative: Provided, That in any examination for entrance into positions of guards, elevator operators, messengers, and custodians, no consideration shall be given any other person as long as qualified persons entitled to five- or ten-point preference under these regulations are available and, during the second World War and for a period of five years following the termination of such war as proclaimed by the President or by a concurrent resolution of the Congress, for such other positions as may from time to time be determined by the President. Whenever the announcement of any examination in which education, training or experience is prerequisite shall so state, and the applicants are given opportunity to file detailed sworn statements of their qualifications, a preliminary competitive rating may be given on the basis of the duties, requirements, and conditions of work in the position to be filled before any applicant shall be required to travel for further tests. Applicants rated highest on such preliminary rating, to a number not incommensurate with the number of vacancies expected during the life of the list, shall be afforded opportunity to assemble or otherwise compete in such further competitive tests as the Commission may require. The character, record, and physical fitness of applicants shall be tested or investigated and approved whenever practicable prior to certification. [Paragraphs (a) and (b) amended, Aug. 6, 1946, 11 F.R. 8519]

723338-47-SUPP. IX-BK. 1- -20

(c) Examinations for scientific, technical, or professional positions. All examinations for scientific, technical, or professional positions or positions which under existing executive practice are filled only by persons having professional or technical training shall be formulated by the Commission in collaboration with the head of the affected department, independent establishment, or corporation, or his designated representative, and shall make due allowance for the particular training, experience, and skill regarded as requisite under existing administrative practice. No minimum educational requirement will be prescribed in any examination except for such scientific, professional, or technical positions, the duties of which the 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 decisions.

NOTE: Part 25 of this chapter lists the positions for which formal education requirements have been prescribed and justifications filed.

CODIFICATION: In § 27.3 (c), the second sentence was amended to read as set forth above, Mar. 8, 1946, 11 F.R. 2431. Prior to its amendment, the second sentence read as follows: "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 Commission decides cannot be performed by a person who does not have such education."

(d) Reopened examinations. An applicant granted ten-point preference under this part may file application at any time for any position he may specify for which there is an existing register or a register about to be established or to which any appointment has been made within the preceding three years. This paragraph will be applicable only to registers and appointments resulting from examinations that are held for probational appointment. Reopened examinations will be scheduled as the needs of the service require but in any case at least once each quarter.

§ 27.4 Boards of Examiners—(a) Appointment and duties. (1) (i) In order to assure the maximum utilization of the field service resources of the departments and agencies in the recruitment and placement of persons for the Federal service, the Commission, after con

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zen of or owes allegiance to the United States.

(b) Form of application. Application for examination must be made in such form and manner and be accompanied by such certificates as the Commission may prescribe.

(c) Disqualifications. The Commission may, in its discretion, refuse to examine an applicant for appointment or reinstatement or to certify an eligible for any of the following reasons: (1) Dismissal from the service for delinquency or misconduct, (2) physical or mental unfitness for the position for which he applies: Provided, That, in the case of any person granted five- or ten-point preference under this part who is, in the opinion of the Commission, physically able to discharge efficiently the duties of the position for which examined or to which appointment is proposed, the Commission shall waive the physical requirements, after giving due consideration to the recommendation of any accredited physician, and the age, height, and weight requirements; (3) criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct; (4) intentional false statements as to any material fact, or deception or fraud in securing examination or appointments; (5) refusal to furnish testimony as required by § 27.14; (6) habitual use of intoxicating beverages to excess; (7) a reasonable doubt as to his loyalty to the Government of the United States; (8) any legal disqualification for appointment.

Any of the reasons stated in the foregoing subparagraphs from (2) through (8) inclusive, shall also be sufficient cause for removal from the service.

CODIFICATION: In § 27.5 (c) (5), the words "Part 14 of this chapter" were deleted and "§ 27.14" was inserted in lieu thereof, Mar. 8, 1946, 11 F.R. 2433.

(d) Age limits. The Commission may establish minimum and maximum age requirements in examinations. Any requirement as to age except a requirement determined by the Commission to be essential for the performance of the duties of the position shall be waived in the case of persons entitled to five or ten-point preference under this part:

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(d) Age limits. The Commission may establish minimum and maximum age requirements in examinations. Any re

quirement as to age except a requirement determined by the Commission to be essential for the performance of the duties of the position shall be waived in the case of persons entitled to five- or ten-point preference under these regulations, and may be waived in the case of persons given indefinite appointments under Executive Order 9063. [Paragraph (d) amended Mar. 5, 1946, 11 F.R. 2371]

§ 27.6 Rating and eligibility—(a) Rating. Examination papers shall be rated on a scale of 100 and all competitors rated 70 or more shall be eligible for appointment. The subjects in examinations shall be given such relative weights as the Commission may prescribe. When an applicant granted five- or ten-point preference under this part is rated in examinations where experience is an element of qualifications, time spent in the military or naval service of the United States shall be considered as an extension of time spent in the position in which the applicant was employed immediately prior to his entrance into the military or naval service where such position was similar to that for which he is filing application. In examinations where experience is an element of qualifications credit shall be given for all valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether any compensation was received therefor.

CODIFICATION: In § 27.6 (a), the last sentence was amended to read as set forth above, Mar. 8, 1946, 11 F.R. 2433. Prior to its amendment the last sentence read as follows: "In all examinations to determine the qualifications of an applicant credit shall be given for all valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether any compensation was received therefor."

(b) Preference. In examinations for entrance into the service five points shall be added to the earned ratings of honorably discharged ex-service men and women who have served in any branch of the armed forces of the United States during any war or in any campaign or expedition (for which a campaign badge has been authorized). The following shall have ten points added to their ratings:

(1) Honorably discharged ex-service men and women who have served in any branch of the armed forces of the United

States and who have established the present existence of service-connected disability or receipt of compensation, disability retirement benefits, or pension by reason of public laws administered by the Veterans' Administration, the War Department or the Navy Department.

(2) The wives of honorably discharged service-connected disabled exservice men who have themselves been unable to qualify for any civil service appointment.

(3) The unmarried widows of honorably discharged deceased ex-service men who had served in any branch of the armed forces of the United States during any war, or in any campaign or expedition (for which a campaign badge has been authorized).

(4) As used in this section "honorably discharged" shall mean any separation from active duty in any branch of the armed forces under honorable conditions. A transfer to inactive status, a transfer to retired status, the acceptance of a resignation, or the issuance of a discharge will be considered as covered by the above definition if such separation was under honorable conditions.

CODIFICATION: In § 27.6 (b) the first sentence was amended to read as set forth above, by Order, Civil Service Commission, Mar. 8, 1946, 11 F.R. 2433. Prior to its amendment, the sentence read as follows: "In examinations for appointment or reappointment five points shall be added to the earned ratings of honorably discharged exservice men and women who have served in any branch of the armed forces of the United States during any war or in any campaign or expedition (for which a campaign badge has been authorized)."

with

(c) Lists of eligibles. All persons rated at 70 or more in open competitive and reopened examinations shall be eligible for appointment and their names shall be entered on appropriate registers in accordance their ratings; except that the names of eligibles granted five- or ten-point preference under this part shall be entered on registers 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 on registers for positions in the professional and scientific services for which the basic entrance salary is over $3000 per annum, the names of eligibles granted tenpoint preference under this part shall be placed at the top of the appropriate register: And provided further, That when the Commission has established an eligible register for probational appointment for a particular position as the result of an open competitive examination, the following classes of

persons upon their application may be en. tered on the register in accordance with their qualifications as rated by the same standards applied to all other eligibles on that register: (1) Persons having a classified civil service status who fail of restoration after military service or of reemployment after war transfer or after their appeal from separation under section 14 of the Veterans' Preference Act has been acted upon favorable to them, and (2) persons having a classified civil service status who since August 14, 1945, have been, or are about to be, because of a reduction in force, separated or furloughed for 80 days or more from a similar or higher grade position in the same line of work. However, both before and after the establishment of probational registers the names of persons in subparagraph (1) who are eligible for reinstatement or reappointment will be submitted to the departments and agencies by the Commission on an individual basis and positive efforts will be made to place them.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

(c) Eligible registers. (1) All persons rated at 70 or more in open competitive and reopened examinations shall be eligible for appointment. The names of eligibles shall be entered on appropriate registers in accordance with their ratings: Provided, That the names of eligibles granted ten-point preference under these regulations shall be placed at the top of the appropriate register except on registers for positions in the professional and scientific service for which the basic entrance salary is over $3,000 per annum. The name of a preference eligible shall be entered ahead of all others having the same rating.

(2) When the Commission has established an eligible register for probational appointment for a particular position as the result of open competitive examination it may enter the names of the following classes of persons on such register in accordance with the order prescribed in subparagraph (1) of this paragraph: Persons having a classified (competitive) civil service status and who (i) left a Government position to enter the armed forces of the United States or the Merchant Marine and who fail to be restored to their former positions after such service; (ii) were granted reemployment rights after war transfer but who have not been reemployed; (iii) have been declared eligible by the Commission after appeal from separation under section 14 of the Veterans' Preference Act of 1944; and (iv) because of reduction in force,