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the retransfer is to some other department than the one in which the employee formerly served.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
10.109 Apportionment. Retransfers may be made to apportioned positions of classified employees from States in excess under the apportionment, who hold excepted, nonapportioned, or field positions which they entered through transfer or promotion from apportioned positions.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) Regs., CSC, as of June 1, 1938]
10.110 From the Tropics. Transfers from the Tropics may be made without regard to the apportionment.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
10.111 Waiver of examination. When transfers or promotions are properly applied for, and are otherwise permissible, the Civil Service Commission is hereby authorized, in its discretion, looking to the good of the public service only, to waive requirements for examination and to substitute for such examination so waived such other tests of fitness and capacity as the Commission may decide. In each case where such waiver is made, the reasons therefor shall be stated at length by the Commission and made matter of record in its minutes.* [E.O. 715, Nov. 22, 1907]
CROSS REFERENCE: For rule and regulations relating to promotion, see Part 11.
10.112 Philippine service. Persons occupying excepted or unclassified positions in the Philippine service, who entered such positions by transfer from competitive positions in said service, shall be given the same privilege as regards transfer to the Federal civil service as are accorded to occupants of competitive positions. An employee who has had the service required by the rule will be regarded as eligible for reinstatement for the purpose of transfer as long as he remains eligible for reinstatement in the Philippine service.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
Section 11.1 Competitive tests. Competitive tests or examinations shall, as far as practicable and useful, be established to test fitness for promotion in the classified service.** [E.O. 209, Mar. 20, 1903]
**8$ 11.1 to 11.104, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
*For statutory citation, see note to $ 10.1.
11.2 Limitations. Until regulations to govern promotions are made, promotions may be made upon any test of fitness, not disapproved by the Commission, which may be determined upon by the promoting officer, subject to the folowing limitations :
(a) The age limitations and apportionment must be observed. [E.O. 209, Mar. 20, 1903]
(b) In case of promotion to a position for which the entrance tests are different, the person to be promoted must first pass an appropriate examination before the Commission. [E.O. 209, Mar. 20, 1903]
(c) Any employee in the classified Indian Service may, with the approval of the Secretary of the Interior, be promoted without examination to the position of superintendent of an Indian school, upon a statement of the Commissioner of Indian Affairs that the employee possesses the requisite business and executive qualifications to fill the position, and the Commission will on such statement issue the necessary certificate. [E.O. 332, June 13, 1905]
(d) No employee shall be promoted during probation except upon approval of the Commission previously obtained.* [E.O. 2111, Dec. 28, 1914] 11.3 Improper recommendations. No recommendation for the
. promotion of a classified employee shall be considered by any officer concerned in making promotions unless it be made by the person under whose supervision such employee has served; and such recommendation by any other person, if made with the knowledge and consent of the employee, shall be sufficient cause for debarring him from the promotion proposed, and a repetition of the offense shall be sufficient cause for removing him from the service.* [E.O. 209, Mar. 20, 1903]
11.4 Promotion of substitutes. Substitutes shall be promoted to the first vacancies occurring in regular positions in the order of their original appointment, whenever there are substitutes of the required sex who are eligible and will accept, unless such vacancies are filled by promotion, transfer, or reinstatement.* [E.O. 209, Mar. 20, 1903]
11.5 Promotion to former grade. A person who has been reinstated in the classified service in a grade lower than that from which he had been separated, may be promoted to his former grade without examination.* * [E.O. 262, June 13, 1904]
REGULATIONS UNDER CIVIL SERVICE RULE XI
11.101 Promotion on apprenticeship. Apprentices may be promoted to journeymen upon the completion of apprenticeship without examination, service for the term of apprenticeship being regarded as a sufficient test of fitness.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
11.102 No military preference in promotion. Military preference applies only to original entrance to the service and not to promotion.**(Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1)
. (Regs., CSC, as of June 1, 1938]
*For statutory citation, see note to g 11.1.
11.103 Promotion of Indians. Indians in the Indian field service who have qualified through second-grade clerical examinations and have demonstrated their ability to perform first-grade duties satisfactorily may, upon certification of the Department that they are efficient, be given an unrestricted first-grade clerical status.* [E.O. 4948, Aug. 14, 1928]
11.104 Promotion of substitutes. (a) When two or more substitutes are appointed on the same date, they shall be promoted to the regular force in the order of the averages attained by them in the examination, irrespective of the fact that one or more of such substitutes may have been allowed preference, except where two or more eligibles are appointed effective the same date and receive the same average. In such case, the name of the eligible who has been allowed 10-point military perference should precede the name of the eligible allowed 5-point military preference, and the names of both preference eligibles should appear in advance of any civilian eligibles with the same rating.
(b) Promotions from substitute to regular positions shall be made in the order of date of appointment in the entire office, and not in any one division.
(c) A senior substitute may waive his right of promotion to a regular vacancy in favor of the substitute standing next and retain his position at the head of the substitute list.
(d) A senior substitute who declines promotion without adequate reason will be considered to have been dropped from the service.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938)
PART 12_REMOVALS AND REDUCTIONS
12.1 12.2 12.3 12.4 12.5
Regulations under Civil Service
12.102 Reasons for reduction in rank or Power to investigate. Retention of soldiers and sailors. 12.103 Charges must be specific.
compensation. 12.104 Removal under $ 5.3. 12.105 Reduction of force.
CIVIL SERVICE RULE XII
Section 12.1 Reasons to be furnished. Section 6 of the Act of August 24, 1912 (37 Stat. 555; 5 U.S.C. 652), provides: That no person in the classified civil service of the United States shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; but
ation, see note to 11.1.
no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal; and copies of charges, notice of hearing, answer, reasons for removal, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, and the Civil Service Commission also shall, upon request, be furnished copies of the same.* [E.O. 2000, July 28, 1914)
*88 12.1 to 12.105, inclusive, issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
12.2 Like penalties for like offenses. In making removals or reductions, and in other punishment, like penalties shall be imposed for like offenses, and no discrimination shall be exercised for political or religious reasons.* [E.O. 2000, July 28, 1914]
12.3 Suspension. Pending action under $ 12.1, or for disciplinary reasons, a person may be suspended for a period not to exceed 90 days, but the reasons for such suspension shall at the time of the suspension be filed in the records of the proper department or office and copies shall be furnished the Commission upon request. The period of suspension may be extended beyond 90 days with the prior consent of the Commission.* [E.O. 2000, July 28, 1914]
12.4 Power to investigate. The Commission shall have no jurisdiction to review the findings of a removing officer upon the reasons and answer provided for in $ 12.1, nor shall the Commission have authority to investigate any removal or reduction, unless it is alleged, with offer of proof, that the procedure required by $ 12.1 has not been followed or that the removal was made for political or religious reasons.* [E.O. 2000, July 28, 1914]
12.5 Retention of soldiers and sailors. In harmony with statutory provisions, when reductions are being made in the force, in any part of the classified service, no employee entitled to military preference in appointment shall be discharged or dropped or reduced in rank or salary if his record is good, or if his efficiency rating is equal to that of any employee in competition with him who is retained in the service.* [È.O. 5068, Mar. 2, 1929]
REGULATIONS UNDER CIVIL SERVICE RULE XII
12.101 When removal procedure is not required-(a) Classified employees in excepted positions. Competitive classified employees holding excepted positions may be separated from the service without compliance with the procedure prescribed under $ 12.1.
(b) Probationer; charges not necessary. A probationer may be separated from the service at any time during or at the expiration of the probationary period without further formality than a written notification setting forth the reasons in full.
(c) Temporary employees. Temporary employees may be separated from the service without the procedure required under § 12.1.
*For statutory citation, see note to g 12.1.
(d) Suspensions and furloughs. Suspensions and furloughs may be made without the procedure required under $ 12.1.
(e) Reduction of force. Appointment under the civil service rules does not create a contractual obligation on the part of the Government to retain employees whose services are not needed. The removal procedure under $12.1 is not applicable to separations caused by completion or discontinuance of work, or by lack of appropriations.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) Regs., CSC, as of June 1, 1938]
12.102 Reasons for reduction in rank or compensation. While § 12.1 requires that reasons for reduction in rank or compensation be made a part of the records of the proper department or office, it does not require or grant the privilege of answer by the person who is reduced, and the requirement in the Act that the person affected shall upon request be furnished with a copy of the reasons does not make it necessary to postpone the reduction until such request is complied with. A reduction may be effected without other prior proceeding than the filing of a statement in the records of the proper department showing the reasons for the reduction in grade or compensation.* (Rule XVI, sec, 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) Regs., CSC, as of June 1, 1938]
12.103 Charges must be specific. A mere statement that removal is proposed for the good of the public service or for incompetence, or for lack of fitness and qualifications, shall not be considered as meeting the requirements of 8 12.1, since it is not sufficient to enable the employee to make reply as contemplated by $ 12.1.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
12.104 Removal under $ 5.3. When a person regularly employed in a competitive classified position is found by the Commission to be disqualified under $ 5.3 (b), (c), (d), (e), or (f), for reasons which are declared to be “good cause for removal from the service”, his removal shall be effected by the head of the department or other agency in the manner required by $ 12.1, and, in case of failure or refusal of the department or other agency to take such action, the provisions of $ 15.1 will be invoked to withhold the salary of the employee.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
12.105 Reduction of force. (a) Departments and independent offices shall, subject to the provisions of $ 12.5, follow the order herein given in making dismissals from the classified service because of reduction in force:
(1) All temporary employees;
(b) In making a reduction in force, only those employees in the class under consideration (temporary, probational, or permanent) who are engaged in the same line of work are to be considered as in competition with each other. The provisions of 8 12.5 apply to reductions in each of these three classes when the reduction does not require the dismissal of all employees in any particular class. *For statutory citation, see note to $ 12.1.