[Federal Register: February 15, 2002 (Volume 67, Number 32)]
[Rules and Regulations]
[Page 7055-7056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe02-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 332
RIN 3206-AJ52
Recruitment and Selection Through Competitive Examination
AGENCY: Office of Personnel Management.
ACTION: Interim regulation with request for comments.
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SUMMARY: The Office of Personnel Management (``OPM'') is issuing an
interim regulation to allow agencies to decide how candidates are
referred for competitive appointment when agencies fill multiple
vacancies simultaneously. We are codifying a long-standing practice
(based on 5 U.S.C. 3301 and 3302) of providing agencies with the option
of either certifying a candidate for only one vacancy at a time, or
certifying a candidate simultaneously for all vacancies for which that
candidate expresses an interest, is eligible, and is within reach.
EFFECTIVE DATE: This regulation is effective February 15, 2002. We will
consider written comments received by April 16, 2002.
ADDRESSES: Send or deliver written comments to Ellen E. Tunstall,
Assistant Director for Employment Policy, U.S. Office of Personnel
Management, 1900 E Street NW., Room 6551, Washington, DC 20415-9500.
FOR FURTHER INFORMATION CONTACT: Suzy M. Barker, Director, Examination
and Qualifications Policy Division, on (202) 606-0830, or FAX (202)
606-0390.
SUPPLEMENTARY INFORMATION: For decades--dating back to at least the
establishment of the Federal Service Entrance Examination in 1955--OPM
has had the option of using two alternative methods of certifying
candidates for competitive appointments. When OPM began delegating the
responsibility for certification to other examining units (delegated
examining units--DEUs), we provided the DEUs with these two options as
well. The first option permits agencies to refer a candidate's name out
on only one certificate at a time by temporarily removing the candidate
from the list of eligibles while the candidate's name is out on that
certificate. The second option, known as ``dual certification,''
requires that agencies simultaneously list a candidate on all
certificates for which the candidate expresses an interest, is
eligible, and is within reach. Under the ``dual certification'' option,
there is no limit to the numbers of certificates on which a candidate
can be referred simultaneously.
OPM's long-standing policy on the certification options available
to agencies is discussed in detail in OPM's Delegated Examining
Operations Handbook (DEOH). It derives from OPM's authority, based on
delegations for the President, to ``prescribe such regulations for the
admission of individuals into the civil service in the executive branch
as will best promote the efficiency of that service'' (5 U.S.C.
3301(1); see also 5 U.S.C. 3302(5), requiring OPM to prescribe
regulations necessary for the administration of competitive service
examinations).
As described in the DEOH, in most circumstances, when filling
multiple jobs either from a standing inventory or under case examining
where there are multiple grade levels and/or geographic locations, an
agency may invoke either of the previously-discussed options.
To illustrate the practical effect of this practice, consider that
an agency has established a standing inventory for the position of
Border Patrol Agent at grade levels GS-5 and 7. The inventory services
the agency nationwide. Three selecting officials request a list of
eligibles for a GS-5 position on the same day. The positions are in San
Diego, El Paso, and Miami. Using the dual certification method, the top
three candidates--who were qualified for GS-5 at all three locations--
are referred to all three locations and the selecting officials would
consider the same candidates. The same candidate could be selected by
more than one official, both limiting the choice of the selecting
official and delaying hiring.
Limiting choices and delaying hiring are never good options,
especially in times such as these. Agencies have urgent needs right now
in the areas of law enforcement, security, and investigative personnel.
There is also a direct impact on the lists of eligibles used to fill
specific positions including, but not limited to, Border Patrol Agents,
U.S. Marshals, and Criminal Investigators. Other positions filled from
standing inventories include, for example, Veterinary Medical Officers
who work in over 6,000 food processing plants nationwide, Defense
Commissary Managers throughout the world, and Internal Revenue Service
Tax Examiners employed throughout the United States. All play an
important part during these extraordinary times.
Providing agencies with the option of choosing either certification
method has a number of advantages. Specifically, it gives agencies the
means with which to:
Use the examining system most efficiently and effectively
in any given situation. Fore example, where multiple vacancies are
being filled in multiple geographic locations, dual certification is
often grossly inefficient. In these instances, the same candidates are
referred for each vacancy and, consequently, several selecting
officials often select the same candidates. Until a candidate actually
accepts an offer of employment, he or she blocks the ability of the
other two selecting officials to fill their vacancies, and the
opportunity for other candidates to be considered. Moreover, the same
scenario often occurs repeatedly as selecting officials go through
their lists. The result is substantial delay, especially when filling
positions in less desirable locations;
Increase the credibility of the Federal hiring system.
Agencies can ensure that their selecting officials are given bona fide
candidates from which to select. On many occasions, the dual
certification method does not allow agencies to provide their selecting
officials with meaningful choices. Likewise, job candidates are more
likely to receive timely consideration and notification regarding
selection;
Protect the Merit System Principles. These principles
require, among other things, that the Federal work force be sued
efficiently and effectively and that all applicants for employment
receive fair and equitable treatment. Providing
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agencies with a choice of certification options is in keeping with
these principles;
Improve the efficiency of the referral process for both
the agency and the candidate. In certain situations, especially where
several vacancies are being filled at different grade levels in
different geographic locations, the dual certification process creates
uncertainty as to which candidates are being considered by which
selecting official for which location. Providing agencies with an
option of certification procedures assists immeasurably in promoting
the efficiency of the hiring process.
Establish a mechanism through which agencies can reduce
the high rate of declinations that occur because not all candidates are
really interested in all the vacancies for which they may be referred.
For example, when applicants for Immigration Inspector positions with
the Immigration and Naturalization Service were given the opportunity
to be considered for all geographic locations, nearly 80% of those
individuals who were offered positions declined. On the other hand,
when applicants for these positions were limited in the number of
geographic locations for which they could ask to be considered, the
declination rate dropped to approximately 40%;
Meet the Federal government's primary objectives, as set
forth by the President. This practice is citizen-centered, results-
oriented and market-based. It gives agencies a choice of referral
methods and thus an opportunity to select the method that puts the best
people into vacant positions as quickly and efficiently as possible
while providing job applicants with fast, fair and equitable
consideration. This, in turn, allows agencies to better serve the needs
of citizens; and
Lower costs to the taxpayer significantly and lessen the
burden on human resources personnel.
Recently, it was brought to our attention that OPM's regulations
make so specific provision for any certification method other than
referral from the top of the list of eligibles based on score. This
amendment rectifies that technical deficiency, but will not otherwise
change the way in which candidates have historically been rated,
ranked, and considered for competitive service jobs. OPM has broad
authority under the law and the Civil Service Rules to conduct open,
competitive examinations. We will continue to administer an efficient,
effective examining program that attempts to balance the rights of
individuals and the needs of agencies so we can better serve the
public.
Waiver of Notice of Proposed Rulemaking
In accordance with section 553(b)(3)(B) of title 5 of the U.S.
Code, I find that good cause exists for waiving the general notice of
proposed rulemaking. An opportunity for public comment prior to issuing
this rule is unnecessary and contrary to the public interest. Waiving
proposed regulations will help agencies continue to fill critical
positions.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because the regulations apply only to appointment
procedures for employees in Federal agencies.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects 5 CFR Part 332
Government employees.
Office of Personnel Management,
Kay Coles James,
Director.
Accordingly, OPM is amending part 332 of title 5, Code of Federal
Regulations, as follows:
PART 332--RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION
1. The authority citation for part 332 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-
1958 Comp., p. 218.
Subpart D--Consideration for Appointment
2. Section 332.402 is revised to read as follows:
Sec. 332.402 Referring candidates for appointment.
OPM or a Delegated Examining Unit (DEU) will refer candidates for
consideration by simultaneously listing a candidate on all certificates
for which the candidate is interested, eligible, and within reach,
except that, when it is deemed in the interest of good administration
and candidates have been so notified, OPM or a DEU may choose to refer
candidates for only one vacancy at a time. Selecting officials will
receive sufficient names, when available, to allow them to consider at
least 3 candidates for each vacancy.
[FR Doc. 02-3621 Filed 2-14-02; 8:45 am]
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