800.1 This chapter applies to the Career Service of the District of Columbia, which consists of all positions in the District government, except in the following cases:

800.2 In the case of conflict between any of the provisions of this chapter as a whole with the regulations issued for uniformed members of the Police and Fire Departments in accordance with § 1-608.1(d), D.C. Code (1981), that is, § 870 et seq., the provisions issued under § 1-608.1(d) shall take precedence.  Pending issuance of special provisions for uniformed members of the Police and Fire Departments in § 870 et seq., the existing regulations for such members shall continue in effect.

800.3 In the case of a conflict between this chapter and provisions of a collective bargaining agreement, subject to the limitations set forth in § 1-618.8, D.C. Code (1981), the provision(s) of the collective bargaining agreement shall take precedence.

800.4 These regulations shall not be a bar to collective bargaining during the negotiation process with an exclusively recognized labor organization.

801.1 In accordance with the requirements of § 1-608.1(a), D.C. Code (1981), these regulations are indexed and cross-referenced to the incumbent classification system, as follows:

802.1 Except as specifically limited or exempted by law or these regulations, all initial appointments to the Career Service of the District government, and all subsequent assignments and promotions of employees in the Career Service, as provided in §§ 1-608.1(a)(1) through 1-608.1 (a)(4), D.C. Code (1981), shall be by open competition, involving positive recruitment and examining procedures designed to achieve maximum objectivity, reliability, and validity.  All such initial appointments, and subsequent assignments and promotions, shall be made on the basis of merit by selection from the highest qualified available eligibles based on specific job requirements with appropriate regard for affirmative action goals and veterans preference as provided by law and as determined under §§ 809 and 810.

803.1 No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position in the Career Service, for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.

803.2 No person who has authority to take or recommend any personnel action with regard to the Career Service shall discriminate against applicants or employees in any aspect of employment with regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, physical handicap, source of income, or place of residence or business.

803.3 As provided in § 1-608.1(c)(2), D.C. Code (1981), no public official may appoint, employ, promote, advance, or advocate for appointment, employment, or promotion, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control an individual who is a relative of the public official.

803.4 As provided in § 1-608.1(c)(2), D.C. Code (1981), a personnel authority may not appoint, employ, promote, or advance an individual in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual.

803.5 As provided in § 1-608.1(c)(3), D.C. Code (1981), a public official who appoints, employs, promotes, advances, or advocates such appointment, employment, promotion, or advancement of any individual in violation of § 803.3 shall be required to reimburse the District for any funds improperly paid to the individual.

803.6 For the purposes of this section, the following terms have the meaning ascribed:

Public official—an officer, an employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated, to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

Relative—as defined in § 1-608.1(c)(1), D.C. Code (1981), an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

804.1 The Director of Personnel shall establish standards with respect to education, training, experience, suitability, physical and mental fitness, or other requirements that will be used to evaluate applicants and employees for placement in the Career Service, consistent with all applicable laws and regulations.

804.2 The Director of Personnel may adopt new qualification standards under § 804.1.  Until such adoption, the federal qualification standards as set forth in the X-118 and X-118C series of handbooks and applicable supplementary publications shall remain applicable.

804.3 Whenever the practice of certain occupations and professions is subject to licensure requirements (as established by District, State, or federal law), the possession of a license shall constitute a qualification requirement.  Positions subject to licensure requirements shall be listed in the District Personnel Manual by the Office of Personnel.

804.4 Each personnel authority shall establish employee selection procedures for the Career Service.  Such procedures shall be consistent with the standards established by these regulations and applicable law, including § 1-608.1, D.C. Code (1981), and federal issuances pursuant to the Civil Rights Act of 1964, as amended, professionally developed standards for examination and selection, and the requirements of agreements with labor organizations entered into in accordance with Title 1, Chapter 6, Subchapter XVIII, D.C. Code (1981).

804.5 The applicant evaluation and qualification standards, and the employee selection procedures for the Career Service developed by the Director of Personnel as required by §§ 804.1 through 804.4 shall be incorporated in their entirety, or by reference, in the District Personnel Manual.  Each other personnel authority with Career Service employees may adopt the provisions of the District Personnel Manual applicable to the Career Service or incorporate them in a personnel manual developed by the personnel authority.

804.6 All personnel actions appointing employees to the Career Service, or affecting employees within the Career Service, shall comply with the standards and selection procedures established by the Director of Personnel, and applicable rules as set forth in these regulations.

804.7 The authority to take personnel actions appointing employees to or affecting employees within the Career Service shall be as follows:

804.8 When the personnel authority finds that an agency has not complied with competitive principles of this chapter, either in an individual case or on a program basis, the personnel authority shall require the agency to rectify the error or omission.

804.9 Subject to the provisions of this chapter, a personnel authority may hire, promote, transfer, assign, or retain an employee in the Career Service.

805.1 All initial appointments to the Career Service, and subsequent assignments and promotions, shall be made by open competition, unless otherwise authorized by this chapter.

805.2 Noncompetitive appointments to the Career Service shall be restricted to the following:

805.3 Noncompetitive internal placements shall be limited to those specified in § 830.

806.1 All competitive placements shall be made in accordance with the general principles in this section and the specific requirements of applicable sections of this chapter.  These principles and requirements shall also govern noncompetitive placements, to the maximum extent practicable.

806.2 For the purposes of this section, the term "placement" includes the development and use of examinations that affect the measurement, ranking, and selection of individuals for initial appointment and subsequent assignment or promotion in the Career Service.

806.3 Selection procedures for competitive placement shall do the following:

806.4 Selection procedures for the Career Service shall be based on a job analysis (which may cover a single position or group of positions, or an occupation or a group of occupations having common characteristics) to identify and evaluate the factors that are important in evaluating candidates and the following:

806.5 In cases where adverse impact has been demonstrated, or as determined by the personnel authority, the selection procedures shall be validated using either the content validation or the criterion-related validation model, or any other appropriate model as provided in § 804.4.

806.6 If content validation is used, there shall be a rational relationship between the duties of the position to be filled (or the target position in the case of an entry position) and the content of the selection procedure.

806.7 If criterion-related validation is used, there shall be an empirical relationship between performance in the position to be filled (or the target position in the case of an entry position) and performance in the examination utilized in the selection process.

806.8 In the case of an entry position, the required relationship may be based upon the target position when the following are true:

806.9 A minimum educational requirement shall not be established except as authorized under §§ 804.1 through 804.3.

806.10 The personnel authority may require an applicant to provide documentary evidence of his or her qualifications for an appointment in the Career Service.

806.11 The personnel authority shall initiate appropriate action, in accordance with chapter 16 of these regulations, in the case of a Career Service employee whose appointment or promotion was based upon fraud or falsification of official personnel records.

806.12 For the purposes of this section, the following term has the meaning ascribed:

Target position—the full performance level of a District Service Schedule position or the journeyman level of a Wage Service Schedule position.

807.1 Notwithstanding the provisions of § 803.2, the following specific age requirements shall be the only age requirements for employment in the Career Service:

808.1 Appointments to uniformed positions in the Police and Fire Departments shall be limited to persons who are citizens of the United States.

808.2 A person who is a United States citizen, or a non-citizen authorized by the Immigration and Naturalization Service to be employed in accordance with part 109 of title 8 of the Code of Federal Regulations, may be appointed to any other position in the Career Service.

809.1 This section applies to the initial selection of an appointee, and to the selection for internal placement of a Career Service employee when the internal placement is by open competitive examination.

809.2 Each competitive selection shall be as a result of a vacancy or examination announcement, available to the public for not less than five (5) working days, and appropriate recruitment activities.

809.3 Competitive selection procedures shall consist of either assembled examining procedures, which may include written, oral, or performance examinations, or a combination thereof; or unassembled examining procedures which may include establishment of rating and ranking plans; or both.

809.4 The personnel authority may refuse to examine, refuse to declare as eligible after examination, or withhold or withdraw from certification prior to appointment any person who fails to meet the examination requirements which are prerequisite to taking the examination established by the personnel authority.

809.5 The personnel authority shall permit the rescheduling or alternate scheduling of an examination for a candidate who was unable to attend the administration of the examination because of the following:

809.6 The personnel authority shall prescribe the absolute and relative weights to be assigned the individual components of the examination, and, where numerical weights are used, shall assign final ratings on a scale with a maximum value of one hundred (100).  In these circumstances, candidates who do not receive at least a rating of seventy (70) shall be rated as "ineligible."

809.7 Where numerical ratings are not used, and the results of the examination are to be used only to distinguish those who successfully completed the examination from those who did not, candidates may be rated as "eligible" or "ineligible."

809.8 When categorical rankings are used, candidates may be rated as "Highly Qualified," "Well Qualified," "Qualified," or "Ineligible."

809.9 Each applicant who meets the minimum requirements for entrance to an examination and is rated seventy (70) or more (when numerical ratings are used), or at least "qualified" (when categorical rankings are used), or "eligible" (when pass-fail ratings are used) in the examination is eligible for consideration for appointment.

809.10 The personnel authority shall add either five (5) or ten (10) points, as appropriate, to the earned numerical rating of each applicant entitled to veterans preference in appointment under § 703 of these regulations who is eligible under § 809.5.

809.11 When experience is a factor in determining eligibility, the personnel authority shall credit an applicant with time spent in the military service as follows:

809.12 The personnel authority shall credit time spent in the military service according to the method outlined in § 809.11 which will be of most benefit to the applicant.

809.13 All job-related experience, including but not limited to experience gained in religious, civil, welfare, volunteer service, and organizational activities, regardless of whether pay was received therefor, shall be creditable.

809.14 For the purposes of this section, the following terms have the meaning ascribed:

Qualified candidates—those who meet established qualification requirements for the position, including any selective factors.

Selective factors—knowledge, skills, or abilities essential for successful performance on the job, which represent an addition to the basic qualification standard for a position.

810.1 The name of each applicant determined by an assembled or unassembled examination to be eligible for the position to be filled, subject to any subsequent suitability or medical determination, shall be listed on a register in accordance with §§ 809.6 through 809.10.

810.2 Unless otherwise required by an affirmative action plan established in accordance with applicable legal requirements or by law or court order, applicants shall be certified from the register in order of their relative standing on the register; except that the entire register of eligible candidates may be certified when it may be reasonably expected that such certification will not produce more candidates than there are vacancies to be filled, upon completion of any subsequent suitability or medical determination, or when the personnel authority determines that other circumstances warrant such certification.

810.3 A maximum of ten (10) eligibles shall be certified for each vacancy, and the determination of the number of persons certified shall be based on an evaluation of the internal statistical characteristics of each selection procedure involved, the quantity and quality of competitors, equal employment opportunity considerations, and other appropriate factors; however, more than the maximum of ten (10) may be submitted if an agency provides written justification to the personnel authority.

810.4 Selecting officials may select candidates for appointment from among those listed, or return the certificate to the personnel authority with a written justification for nonselection; and, if the justification for nonselection is acceptable to the personnel authority, a new certificate from the register may be issued.

810.5 A register developed as the result of selection processes in which assembled examinations are used shall remain in existence until exhausted, except when an earlier termination date is authorized by the personnel authority.

810.6 Remaining eligibles on a register being terminated may be transferred to any successor register established for the same job category only when the same selection procedures have been used or as otherwise authorized by the personnel authority for good and sufficient reason.

810.7 This section shall not preclude the appointment of an individual who was certified prior to termination of the register.

810.8 The Director of Personnel shall publish instructions and procedures in the District Personnel Manual which set forth the basic rating and ranking plan requirements, and all other requirements of the unassembled examination process.

810.9 For the purposes of this section, the following term has the meaning ascribed:

Certificate—a list of eligible candidates from a register for appointment to a position submitted by a personnel authority to a public official.

811.1 As used in this section, the following terms have the meanings ascribed:

Background investigation—a thorough inquiry into the past and present conduct and behavior of an applicant to determine his or her suitability for appointment.

Disqualification—a debarment, for suitability purposes, which precludes considering an applicant for employment or from taking an examination for employment or which results in removal from employment, as appropriate.

Sensitivity—the degree of public trust required of an incumbent of a position as determined by the personnel authority.

Suitability—the quality or state of being acceptable for District government employment with respect to the character, reputation, and fitness of the person under consideration.

811.2 This section applies to all Career Service positions and appointments thereto, except as specified elsewhere in this section.

811.3 Pursuant to § 1-604.8, D.C. Code (1981), "Each personnel authority shall designate a person to administer the oath of office to each employee of that agency.  The oath shall be as follows:  'I, (employee's name) do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office of which I am about to enter.'"

811.4 Accordingly, each personnel authority shall determine, as part of the suitability investigation, whether an applicant or appointee is or has been involved in any activities which constitute a reasonable basis for concluding that the candidate would not faithfully discharge the duties of the position for which he or she is being considered.

811.5 For purposes of this chapter, no person shall be considered suitable for employment in the District of Columbia who advocates the overthrow of the governments of the United States, the District of Columbia, or both by unconstitutional means.

811.6 Each personnel authority shall conduct preemployment inquiries as follows:

811.7 Each personnel authority shall publish in its personnel manual a list of positions which, in addition to being subject to § 811.6, are subject to background investigation under this section, and, in advertising a vacancy for such a position, shall include a statement to this effect on the vacancy announcement.

811.8 In filling a position subject to background investigation, in accordance with this section, a background investigation need not be conducted if the appointee's prior position was subject to a background investigation and if the nature of the personnel action for the new appointment is one (1) of the following:

811.9 After having determined an applicant's basic eligibility, a personnel authority may determine, on the basis of preemployment inquiries under § 811.6, that an applicant is not suitable and may thereby deny an applicant examination, deny an eligible appointment, and/or instruct an agency to remove an appointee, when the personnel authority determines either of the following:

811.10 A background investigation shall be conducted in accordance with the following:

811.11 The reasons which may be used in making a determination of disqualification due to unsuitability under § 811.9 may include, but shall not necessarily be limited to the following:

811.12 In making its determination under § 811.9, a personnel authority shall consider the following additional factors to the extent that these factors are deemed pertinent to the individual case:

811.13 A personnel authority shall not set unreasonably high suitability standards and view minor transgressions as disqualifying.  Neither shall the personnel authority be overly permissive in suitability reviews.  Serious criminal conduct normally shall be disqualifying, but convictions of a minor nature, for example, mischievous conduct, should not be used to disqualify an otherwise eligible applicant or employee.

811.14 An appointment to a position identified under § 811.7 shall be subject to background investigation for one (1) year from the date of appointment to continue the personnel authority's jurisdiction to investigate the qualifications and suitability of an applicant after appointment and to authorize the personnel authority to require removal when it finds the appointee is disqualified for District government employment.

811.15 The subject-to-investigation condition shall not be construed as requiring an employee to serve a new probationary period or as extending the probationary period of an employee.

811.16 The subject-to-investigation condition shall expire automatically at the end of one (1) year after the effective date of appointment, except in a case involving intentional false statement or deception or fraud in examination or appointment.

811.17 For a period of one (1) year after the effective date of an appointment subject to background investigation under this section, a personnel authority may instruct an agency to remove an appointee when it finds that he or she is not qualified or is unsuitable for any of the reasons cited in § 811.11; however, if this would involve the removal of a probationer for conditions arising before appointment, the procedures in § 814 shall be followed.

811.18 Adverse action procedures pursuant to chapter 16 of these regulations shall not apply to an action under § 811.17, provided the employee's removal from the District service is effected within one (1) year of his or her appointment subject to background investigation under this chapter.

811.19 After the one-year (1-year) period, a personnel authority may require the removal of an employee on the basis of intentional false statement or deception or fraud in examination or appointment.

811.20 Chapter 16 of these regulations shall apply to an action under § 811.19.

811.21 When a person is disqualified for any reason named in § 811.11, a personnel authority, in its discretion, may continue to rely on that determination, with regard to subsequent applications for appointment to a Career Service position, for a period of not more than three (3) years from the date of determination of disqualification, after which a new background investigation shall be required.

811.22 On expiration of the three-year (3-year) period under § 811.21, a new background investigation shall be conducted and a redetermination made before a person may be appointed to any position in the Career Service.

811.23 When a personnel authority instructs an agency to remove an appointee under § 811.19, it shall notify the agency and the appointee of its decision in writing, stating any and all reasons, specifically and in detail, for the proposed action, and informing the agency and the appointee of the right to appeal to the Office of Employee Appeals under the provisions of the OEA's regulations, all in accordance with chapter 16 of these regulations.

811.24 A notice of proposed action under § 811.19 to remove an employee subject to the Mayor's personnel authority shall be subject to the following:

811.25 An applicant or eligible who is disqualified from examination or appointment by a personnel authority for any reason named in § 811.11 may file a grievance in accordance with the provisions of chapter 16 of these regulations.

811.26 An appointee who has completed his or her probationary period and who is disqualified by a personnel authority for any reason named in § 811.11 or his or her employing agency may appeal to the Office of Employee Appeals under the OEA's regulations.

811.27 The reemployment of a person who has been separated for cause, including a person separated voluntarily to obviate an involuntary separation for cause, shall be subject to the prior approval of the personnel authority, and his or her reemployment eligibility shall be determined as follows:

811.28 Suitability and background investigation records and files shall be subject to the following:

812.1 Except as provided in § 816, a person who is given an appointment without time limitation to a continuing position in the Career Service shall be given a Career Appointment (Probational).

812.2 Subject to § 833.2, a Career Appointment (Permanent) shall be converted to a Career Appointment (Probational), and be subject to completion of a new probationary period, when one (1) of the following occurs:

812.3 Upon completion of the probationary period in a Career Appointment (Probational), an employee shall be converted to a Career Appointment (Permanent).

813.1 An employee who is given a Career Appointment (Probational) shall be required to serve a probationary period of one (1) year, except in the case of an individual appointed on or after the effective date of this provision to an entry-level police officer position, who shall be required to serve a probationary period of eighteen (18) months.

813.2 A person who is transferred under this chapter, or promoted, or reassigned before he or she completes probation, shall be required to complete the remaining portion of the probationary period in the new position.

813.3 Except when the appointment is effected with a break in service, an employee who once satisfactorily completed a probationary period in the Career Service shall not be required to serve another probationary period, unless the employee is appointed to a position (including entry-level police officer or firefighter) from a register resulting from open competition, for which appointment the employee would not have been eligible as an internal placement in accordance with §§ 828 through 838.  This provision shall not apply to subsequent promotions of uniformed members of the Police and Fire Departments.

813.4 The probationary period required by § 813.1 shall be extended for an equal amount of workdays in each of the following circumstances:

813.5 The extension of the probationary period under § 813.4 shall be for an equitable period of time in increments of full workdays.

813.6 For an individual serving an eighteen-month (18-month) probationary period, the extension of the probationary period as provided for in § 813.4 may not exceed an additional eighteen (18) months.

813.7 Service credit toward completion of the probationary period shall be given for the following periods of absence:

813.8 When a decision has been made to terminate an employee during the probationary period and the employee has been so notified in accordance with § 814.2, and an action taken by the employee results in a stay, the period during which the effective date of such action is stayed shall not be credited toward completion of the probationary period.

813.9 Prior service in the Career Service under a term, temporary, or TAPER appointment and in the Excepted Service under § 1-610.4(2), D.C. Code (1981), shall be creditable toward completion of the probationary period under this section if:

813.10 An agency shall utilize the probationary period as fully as possible to determine the employee's qualifications and demonstrated abilities and conduct.

813.11 Satisfactory completion of the probationary period is a prerequisite to continued employment in the Career Service.

814.1 Except for an employee serving a supervisory or managerial probationary period under § 815, an agency shall terminate an employee during the probationary period whenever his or her work performance or conduct fails to demonstrate his or her fitness or qualifications for continued employment.

814.2 An employee being terminated during the probationary period shall be notified in writing of the termination and its effective date.

814.3 A probationer may appeal a termination under this section only in accordance with the D.C. Human Rights Act of 1977, § 1-2501 et seq., D.C. Code (1981).

815.1 An employee shall be required to serve a one-year (1-year) probationary period upon initial appointment, promotion, reassignment, or demotion to a supervisory or managerial position.  This requirement shall not apply to temporary, term, or TAPER appointments.

815.2 An agency shall have an obligation to ensure that new supervisors and managers receive training appropriate to the position being filled, the objective being to prepare and equip them for the demands of the job insofar as training can fulfill this purpose.

815.3 An employee who, as of the beginning of the first pay period thirty (30) days after the effective date of this regulation, is serving or has served in a supervisory or managerial position in the District government shall be exempted from the probationary period requirements of this section.

815.4 An employee who is promoted, reassigned, demoted, or transferred to another supervisory or managerial position while serving a probationary period under this section shall have the service completed in the former position credited toward completion of the probationary period in the new position.

815.5 An employee shall complete the one-year (1-year) probationary period required after initial assignment to a supervisory or managerial position before progressing to a higher grade level, unless the personnel authority determines that an exception is warranted when the employee's performance and experience indicate a high probability of success in the higher grade position.

815.6 Satisfactory completion of the prescribed probationary period shall be a prerequisite to continued service in the position.

815.7 Except as provided in § 815.8, an employee who does not satisfactorily complete the probationary period shall be entitled to be returned to a position, other than a supervisory or managerial position, in the District of Columbia of no lower grade than the employee left to accept the supervisory or managerial position, and at the step the employee would have attained, but for the managerial or supervisory appointment.

815.8 An employee who is demoted into a lower grade supervisory or managerial position voluntarily or involuntarily, and who, for reasons of supervisory or managerial performance, does not satisfactorily complete the probationary period, shall be entitled to be assigned to a position, other than a supervisory or managerial position, in the agency at the same grade and pay as the supervisory or managerial position to which the employee has been demoted.

815.9 If, after a full and fair evaluation of the employee's performance during the probationary period, supervisory or managerial deficiencies are revealed which make him or her unsuited for continued employment in the position, action shall be initiated prior to the end of the probationary period to return the employee to a position, in accordance with § 815.7 or 815.8.

815.10 The agency shall notify the employee that return or assignment rights are being accorded under the provisions of this section, and that the employee may appeal an agency action that does not conform to the requirements of this section.

815.11 Nothing in this section shall prohibit an agency from taking action against an employee for reasons unrelated to supervisory or managerial performance.

815.12 An action taken under § 815.7 or 815.8 shall not be subject to the provisions of chapter 16 or 24 of these regulations.

815.13 For the purposes of this section, the following terms have the meaning ascribed:

Managerial position—at DS-13 and above, a position whose duties and responsibilities require or authorize the individual to formulate, determine, or influence the policies of the agency; at DS-12 and below, a position classified as managerial under the U.S. Office of Personnel Management Supervisory Grade Evaluation Guide, or other appropriate classification standards adopted by the Office of Personnel; but not including uniformed members of the Police and Fire Departments.

Supervisory position—at DS-13 and above, a position having authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent use of independent judgment, except that with respect to any unit that includes nurses, the term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising such authority; at DS-12 and below, a position classified as "supervisor" under the U.S. Office of Personnel Management Supervisory Grade Evaluation Guide, or other appropriate position classification standards adopted by the Office of Personnel, or, if under the wage system, the Job Grading Standard for Supervisors, with the exclusion of managerial positions as defined above and all uniformed members of the Police and Fire Departments.

816.1 Except for a person who has a retreat right to a position in the Career Service as provided in chapter 9 or 10 of these regulations, a person shall have reinstatement eligibility for three (3) years following the date of his or her separation if he or she meets both of the following requirements:

816.2 A person having reinstatement eligibility under § 816.1 may be appointed competitively or noncompetitively to a position at a grade no higher than the grade last held under a Career Appointment (Probational) or a Career Appointment (Permanent) in the Career Service in a District agency, except that a reinstatement to a position with a promotion potential higher than the known promotion potential of the last position occupied shall be effected as provided in § 816.4.

816.3 The three-year (3-year) restriction in § 816.1 on the reinstatement eligibility of an employee serving under a Career Appointment (Permanent) (Group I) who is separated by reduction in force after January 1, 1980, shall start on the expiration of his or her entitlement to priority placement consideration under chapter 24 of these regulations.

816.4 All other reappointments of former Career Service employees shall be processed competitively.

816.5 A person who is reinstated under the provisions of § 816.2, 816.4, or 816.6 shall be given a Career Appointment (Permanent).

816.6 Notwithstanding the provisions of §§ 816.1 through 816.4, a former uniformed member of the Fire Department or the Metropolitan Police Department shall have reinstatement eligibility provided he or she meets all of the following requirements:

817.1 An agency may appoint by transfer an otherwise eligible employee serving under a Career Appointment (Probational) or Career Appointment (Permanent) under a different personnel authority.

817.2 The Office of Personnel may enter into agreement with the D.C. Board of Education and the Board of Trustees of the University of the District of Columbia prescribing conditions under which persons may be transferred between the Career Service and the Educational Service established under § 1-609.1, D.C. Code (1981).

818.1 As provided in chapter 11 of these regulations, superior qualifications appointments may be made at such step of the appropriate grade as the personnel authority may authorize for this purpose.

819.1 Pursuant to § 1-608.1(c)(4), D.C. Code (1981), a personnel authority may make noncompetitive emergency appointments for not more than thirty (30) days to provide for maintenance of essential services in situations determined to be natural disasters or similar unforseen events or circumstances.

819.2 Emergency appointments may be made without regard to restrictions on employment as set forth in this chapter.

820.1 As provided in D.C. Law 2-12, § 1-304, D.C. Code (1981), and § 4000 of these regulations, it is the policy of the District of Columbia government to utilize volunteer citizens in as many governmental programs as is practicable to serve the interest of the community.

820.2 The utilization of volunteers by agencies, departments, commissions, and instrumentalities of the District of Columbia shall be in accordance with § 4000 of these regulations.

821.1 Personnel authorities shall establish employment programs designed to attract and utilize persons with minimal qualifications, but potential for employment, to provide career development opportunities for the following:

821.2 A person appointed under § 821.1 shall be given a time-limited appointment.

821.3 An employee serving in a position in a program established under § 821.1 or § 1-610.4(b), D.C. Code (1981), may be converted to a Career Appointment (Probational) based upon competition limited to participants in the respective program.

821.4 Programs authorized in this section may provide career development opportunities subsequent to permanent appointment in the Career Service, including but not limited to development of training agreements, upward mobility, and career ladder programs.

822.1 A personnel authority may fill a vacancy in a continuing position, in the absence of lists of eligibles, by a temporary appointment pending establishment of a register (TAPER appointment).

822.2 A TAPER appointee shall meet the minimum qualifications requirements for the position.

822.3 A TAPER appointment shall be terminated as soon as lists of eligibles for permanent appointment can be established by open competition in accordance with this chapter; shall not exceed ninety (90) days; and may be extended for an additional period of ninety (90) days only upon determination that a list of eligibles cannot be created.

822.4 A TAPER appointee may be converted to a Career Appointment (Probational) or Career Appointment (Permanent) only if one (1) of the following is true:

822.5 Except as specified in this section, a TAPER appointee shall not be subject to the job protection rights of chapters 16 and 24 of these regulations, and shall receive rights and benefits accorded by these regulations to temporary Career Service appointees.

822.6 A TAPER appointment, effected prior to the effective date of this chapter, shall be subject to the following:

823.1 A personnel authority may make a term appointment for a period of more than one (1) year when the needs of the service so require and the employment need is for a limited period of four (4) years or less.

823.2 Term appointments may be extended beyond the four-year (4-year) limit with the prior approval of the personnel authority.

823.3 Term appointments at and above the DS-13 level or equivalent shall result from open competition, except in the case of a candidate who is eligible for reinstatement

823.4 An agency may give an individual a non-competitive term appointment to a position at or below the DS-12 level or equivalent, except that the Chief of Police is authorized to make a noncompetitive term appointment to any grade level.

823.5 Except as provided in § 823.6, a person appointed under this section shall meet minimum qualification requirements.

823.6 A veteran who is an applicant for a position at DS-3 or below under this section shall be considered to be qualified to perform the duties of the position on the basis of his or her total experience, including military service, without regard to qualification requirements.

823.7 A term employee shall not acquire permanent status on the basis of his or her term appointment, and shall not be converted to a regular Career Service appointment without further competition, unless eligible for reinstatement.

823.8 The employment of a term employee shall end automatically on the expiration of his or her term appointment unless he or she has been separated earlier.

823.9 A term employee shall serve a probationary period.

823.10 A term appointee may be promoted or reassigned to another position only in the same project to which appointed.

823.11 Promotions and reassignments in another project shall be made by new term appointments with specific time limitations coterminous with the expiration of the project or grant.

824.1 A personnel authority may develop procedures to effect temporary, time-limited appointments in the Career Service to meet an administrative need, such as to fill a temporary position or to fill a continuing position for a temporary period of time.

824.2 Except as provided in this section, all temporary appointments shall be by open competition.

824.3 A person given a temporary appointment in the Career Service shall not acquire career status on the basis of that appointment.

824.4 Personnel authorities may make a temporary appointment to a position in the Career Service under open competitive examination for a period of one (1) year or less.

824.5 Subject to § 829.1(g), a personnel authority may make a temporary appointment to a position in the Career Service based on eligibility for reinstatement for a period of one (1) year or less without open competition.

824.6 A personnel authority may make a temporary appointment to a position in the Career Service for special needs for a period of thirty (30) days without open competition.

824.7 .A personnel authority may make a temporary appointment to a position at or below the DS-12 level or equivalent for a period not to exceed one (1) year without open competition.

824.8 A temporary appointment to a position above the DS-12 level shall be made under open competition except in the case of a candidate who is eligible for reinstatement, and except that the Chief of Police is authorized to make a noncompetitive temporary appointment to any grade level.

824.9 A personnel authority, in accordance with the procedures it shall prescribe, may extend the expiration date of a temporary appointment made under § 824.4 or 824.7 for not more than one (1) additional year.

824.10 A temporary appointment shall not confer eligibility to be moved noncompetitively to another position.  The placement of a temporary employee to another position shall be accomplished by a new appointment through conversion actions.

825.1 An annuitant shall not be barred from employment in any position for which he or she is qualified.

825.2 An annuitant may be given any appropriate appointment under this chapter.

825.3 For the purposes of this section, the following terms have the meaning ascribed:

Annuitant—a person receiving an annuity under any federal or District government retirement system, or any retirement system of the uniformed services of the United States.

Reemployed annuitant—an annuitant who is appointed to and occupies a position in the District government.

826.1 The employment of an individual under a temporary or term appointment shall end on the expiration date of the appointment, on the expiration date of an extension granted by the personnel authority, or upon separation prior to the specified expiration date in accordance with this section.

826.2 A term appointee may be separated as provided in this chapter during a probationary period.

826.3 After satisfactory completion of the probationary period, and prior to the expiration date of the appointment, separation of a term appointee for cause shall be in accordance with chapter 16 of these regulations.

826.4 A term appointee may be separated for lack of funds or lack of work in accordance with the reduction-in-force requirements of chapter 24 of these regulations.

826.5 A temporary appointee may be separated without notice prior to the expiration date of the appointment.

827.1 The provisions of this section shall apply to the following:

827.2 Each employee covered by § 827.1(a) may resign, or may be either separated or furloughed at the option of his or her agency, except that a member of a reserve component of the Armed Forces, or a member of the National Guard, who is performing duty covered by § 1-613.3(m), D.C. Code (1981), shall be placed on military leave.  Regardless of the nature of the action, all such employees shall be entitled to restoration to duty as provided in this section.

827.3 An agency shall carry an employee covered by § 827.1(b) on leave without pay for two (2) years from the date of commencement of compensation, or from the time compensable disability recurs if the recurrence begins after the employee resumes full-time employment with the District government, or, in the case of an employee holding a term, temporary, or TAPER appointment, until the expiration of the appointment, whichever shall occur first.

827.4 An employee covered by § 827.1(b) holding a term, temporary, or TAPER appointment which expires during the two-year (2-year) period specified in § 827.3, shall be terminated upon the expiration date of his or her appointment.

827.5 At the end of the two-year (2-year) period specified in § 827.3, an agency shall initiate appropriate action under chapter 16 of these regulations.

827.6 An agency shall notify an employee covered by § 827.1(a) or (b) of his or her rights, obligations, and benefits relating to his or her District government employment, including the restoration rights provided in this section.

827.7 An agency shall identify the position vacated by an employee covered by § 827.1(a) or (b), and shall maintain the necessary records to ensure the employee the rights and benefits granted by law and this section.

827.8 An agency shall consider every employee covered by § 827.1(a) or (b) for all promotions for which the employee would have been considered had the employee not been absent.  When it can be determined that the employee would have received a promotion if not absent, the promotion shall be mandatory, and shall be effective on the date it would have been made had the employee not been absent.  In all other cases it shall be discretionary.

827.9 If the position of an employee covered by § 827.1(a) or (b) is reclassified to a higher grade, an agency shall place the employee in the regraded position upon restoration to duty.

827.10 An agency shall not demote or separate an employee covered by § 827.1(a) while the employee is on furlough or military leave.  If the employee's position is abolished during such absence, the agency shall reassign the employee to another position of like status and pay upon restoration to duty.

827.11 An employee covered by § 827.1(b) shall be subject to the same terms and conditions of employment as though the disability had not occurred.

827.12 If an employee covered by § 827.1(a) or(b) is absent at the time that the function with which the employee was associated at the time of his or her departure is transferred to another agency, and if the employee, if not absent, would have been transferred with the function, the gaining agency shall retain the employee in his or her position or assign the employee to a position of like status and pay, and shall assume the obligation to restore the employee in accordance with law and this section.

827.13 If an agency is abolished and its functions are not transferred to another agency, the following shall be done:

827.14 If an employee returning from military duty submits an application for restoration within ninety (90) days after discharge from service, or from hospitalization continuing after discharge for a period of not more than one (1) year, the employee shall be entitled to be restored to duty as soon as possible, but in no event later than thirty (30) days after the application is received.

827.15 An employee covered by § 827.1(b) who has fully recovered within two (2) years from the date of commencement of compensation, or from the time compensable disability recurs if the recurrence begins after the employee resumes full-time employment with the District government, shall be entitled to resume his or her former position (or an equivalent one) immediately upon cessation of compensation.

827.16 An employee covered by § 827.1(c) who recovers from the disabling condition for which he or she has been retired, prior to reaching his or her fiftieth (50th) birthday, and applies for reinstatement in the department from which he or she retired, shall be evaluated to determine whether he or she meets the current entrance requirements of the department as to suitability, and if, so, shall be reinstated to a position in the nearest equivalent grade and salary as that received at the time of disability retirement.

827.17 An employee covered by § 827.1(a) or (b) shall be entitled to be restored to duty in a position determined in the following order, unless that position is then occupied by an employee in a higher retention group under chapter 24 of these regulations:

827.18 A returning employee who, because of a disability sustained during military duty, is disqualified for a position to which he or she has restoration rights shall be entitled to be restored to another position in the agency for which he or she is qualified that will provide like status and pay, or the nearest approximation thereof consistent with the circumstances in his or her case.

827.19 An employee covered by § 827.1(b) who, because of compensable injury or disability, is disqualified for a position to which he or she has restoration rights (including an equivalent position), shall be entitled to be restored, within two (2) years from the date he or she began receiving compensation, to another position in the agency for which he or she is qualified that will provide like status and pay, or the nearest approximation thereof consistent with the circumstances in his or her case.

827.20 If two (2) or more employees are entitled to be restored to the same position, the employee who left his or her position first shall be entitled to the prior right of restoration.

827.21 An agency shall make every effort to restore, according to the circumstances in each case, an employee or former employee who has partially recovered from a compensable injury and who is able to return to perform useful and efficient service.

827.22 An employee who was separated because of compensable injury and whose recovery takes longer than two (2) years from the date compensation began (or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the District government) shall be entitled to priority consideration for restoration to the position he or she left or an equivalent one, provided he or she applies for reappointment within thirty (30) days of cessation of compensation.

827.23 When an agency refuses to restore or determines that it is not feasible to restore an employee under the provisions of law and this section, it shall notify the employee in writing of the reasons for its decision and of his or her right to grieve such determination in accordance with the provisions of chapter 16 of these regulations.

827.24 When an agency restores an employee in accordance with § 827.18, it shall notify the employee that he or she is entitled to appeal to the U.S. Office of Personnel Management under the provisions of its regulations.

828.1 The District government policy is to fill each vacancy with the best qualified person available, considering its immediate and long-range needs.  The personnel manual developed by each personnel authority to implement the policy shall provide a systematic means of internal placements, including selection for promotion according to merit.

828.2 Vacancies above the normal entrance levels generally may be filled by reassignment or promotion of the best qualified employees, consistent with the best interests and needs of the agency.  This policy, however, shall not restrict management's right to fill a position with a highly qualified person by some other means, such as appointment from a register, by reinstatement, by transfer, from a reemployment priority list, or by conversion of an individual employed under § 821.

829.1 Except as provided in § 830, competitive procedures shall apply to all placements, including the following:

830.1 Competitive procedures shall not apply to the following:

830.2 For purposes of this section, the following term has the meaning ascribed:

Planned management action—an action wherein management has a recognized option or alternative to assign work between two (2) or more employees, and assigns the work to a particular employee.

831.1 A person who is being considered for a position shall meet the minimum qualification requirements established for the position.

832.1 Except as required by these regulations, length of service, length of experience, or time in position shall not be used as an evaluation factor unless there is a clear and positive relationship with quality of performance, based upon determination that there are increases in accuracy, speed of performance, quality of workmanship, versatility, responsibility, and so forth, which normally accompany greater length of service or greater experience in the job and which cannot be assessed more appropriately by other measurement devices.

833.1 An agency may promote an employee or reassign him or her to a different line of work, and it may transfer a present employee or reinstate a former employee of the same or another agency to a higher grade or different line of work, only after three (3) months have elapsed since the employee's latest nontemporary competitive appointment.

833.2 Any internal placement of a Career Service appointee to a position with less rights and benefits shall not be effective unless the employee has waived the rights and benefits in writing; and the waiver shall be made a permanent part of the employee's Official Personnel Folder.

834.1 Except as waived in accordance with § 833.2, an employee's rights and benefits with respect to continued employment shall not be reduced by promotion, demotion, or reassignment.

834.2 The personnel authority shall determine whether a position change of an employee affects a requirement that a suitability investigation must be accomplished.

834.3 The promotion, demotion, or reassignment of an employee in the Career Service before he or she has completed probation shall be subject to completion of the probationary period in the new position.

835.1 A position change shall not be made effective before necessary classification action has been completed; the employee has met qualification and other requirements; and, in the case of a position change involving involuntary reduction in grade, rank, or pay, that applicable advance notice and decision requirements have been satisfied.

836.1 A personnel authority may fill a vacancy by reassignment of a Career Service appointee to a position, either competitively or noncompetitively; provided that any noncompetitive reassignment is to a continuing position at the same grade, there is no diminution in the rights and benefits of the employee, and the position has no greater promotion potential than the position previously held.

836.2 A temporary reassignment may be made for a period not to exceed one (1) year; and the employee may be restored to his or her former position without the use of adverse action procedures.

836.3 A temporary reassignment exceeding one hundred twenty (120) days to a position with established promotion potential greater than the currently held position shall be effected competitively.

836.4 A temporary reassignment may be extended for one (1) year with the prior approval of the personnel authority.

836.5 An involuntary demotion of a Career Service employee shall be made by either of the following:

836.6 An employee may voluntarily accept a lower-graded position, provided that the position has no greater promotion potential than the position currently held, and that a waiver is executed in accordance with § 833.2.

836.7 An employee may voluntarily accept a position with lesser rights or benefits, provided that a waiver is executed in accordance with § 833.2.

837.1 The promotion of an employee shall be based on merit, and consistent with these regulations.

837.2 Exceptions to competitive promotion procedures shall be limited to those authorized by this chapter.

837.3 The personnel authority shall require that a promotion action (whether identification, qualification, evaluation, or selection of candidates) shall be made without regard to labor organization affiliation or nonaffiliation, race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, nondisqualifying physical handicap, source of income, or place of residence or business and shall be based solely on job-related criteria.

837.4 The personnel authority shall ensure that each employee within the area of consideration who is absent for legitimate reason, for example, on detail, on leave, at training courses, in the military service, on disability compensation, or on temporary assignments under chapter 27 of these regulations, receives appropriate consideration for promotion.

837.5 The personnel authority shall provide methods of evaluation for promotion and placement, and selection for training which leads to promotion, consistent with the requirements of this chapter.

837.6 To be eligible for promotion, a candidate shall meet minimum qualification standards adopted in accordance with § 804.2.

837.7 Due weight shall be given to performance appraisals and incentive awards of a candidate.

837.8 Selection procedures shall provide for an agency's right to do the following:

837.9 In deciding which recruitment sources to use, an agency shall determine which is most likely to best meet the agency's mission and objectives and meet the agency's affirmative action goals.

837.10 The area of consideration shall be sufficiently broad to ensure the availability of high quality candidates, taking into account the nature and level of positions covered.

837.11 The minimum area of consideration shall be the agency, except that a smaller area may be authorized by a personnel authority in a situation which meets the criteria established by the authority's personnel manual.

837.12 When the minimum area of consideration will produce enough high quality candidates and the agency does not find it necessary to make a broader search, the minimum area of consideration and the area of consideration shall be deemed to be the same.

837.13 Administration of the promotion procedures shall include recordkeeping, the provision of necessary information to employees and the public, and ensuring that each individual's right to privacy is protected.

837.14 Each personnel authority shall maintain a record of each promotion sufficient to allow reconstruction of the promotion action, including documentation of how each candidate was rated and ranked.

837.15 All promotion records shall be retained for a minimum period of two (2) years.  In addition, any promotion record relating to a grievance or appeal submitted by an applicant shall be retained until the grievance or appeal is adjudicated.

837.16 For the purposes of this section, the following terms have the meaning ascribed:

Area of consideration—the area in which the agency makes an intensive search for eligible candidates and from which applications will be accepted in a specific recruitment action.

Minimum area of consideration—the agency in which the vacancy occurs, or a portion thereof as provided in § 837.11.

838.1 This section applies to promotions, transfers and appointments to higher grade positions, and to reinstatements (including reemployments) to higher grade positions made within one (1) year after separation from a nontemporary appointment.

838.2 The purpose of the time-in-grade requirement shall be to prevent excessively rapid promotions.

838.3 The time-in-grade restrictions of this section shall not apply to a Wage Service employee.  A personnel authority may establish reasonable time-in-grade requirements for promotion of a Career Service employee in a Wage Service position.

838.4 The time-in-grade restrictions in this section shall be in addition to the restriction in § 833.1 on position changes to a different line of work within three (3) months after placement.

838.5 A personnel authority shall not advance a Career Service employee in grade by promotion to a position in the District Service Schedule, unless the employee meets the following minimum time-in-grade requirements:

838.6 A personnel authority may promote a Career Service appointee to a position in the District Service Schedule without regard to time in grade, if one (1) of the following is true:

838.7 In applying the time-in-grade requirements of this section, the following provisions shall govern:

838.8 The conditions for crediting prior service toward meeting time-in-grade requirements, and the circumstances which might warrant an exception, shall be specified in the personnel manual of each personnel authority.

839.1 A temporary promotion shall be for a period of thirty (30) days or more.

839.2 A Career Service appointee may be temporarily promoted without competition for a period not to exceed one hundred twenty (120) days.

839.3 Competitive procedures shall be used for a temporary promotion over one hundred twenty (120) days.  In computing the days, prior service under all details to higher graded positions or temporary promotions shall be counted, whether competitive or noncompetitive, during the preceding twelve (12) months.

839.4 A competitive temporary promotion shall be in accordance with the following:

839.5 A temporary promotion shall not be used for the purpose of training or evaluating an employee in a higher grade position.

839.6 For the purposes of this section, the following term has the meaning ascribed:

Temporary promotion—a promotion for a definite period of thirty (30) days or more, not exceeding one (1) year, which may be extended for up to one (1) additional year.

840.1 A personnel authority may competitively promote an employee not serving under a temporary appointment for a limited term in excess of one (1) year, but not to exceed four (4) years, to complete a designated project.

840.2 A term promotion may be extended for an additional period of one (1) year for a total of five (5) years with the prior approval of the personnel authority.

840.3 Upon completion or termination of the assigned project, the agency shall return the employee from the term promotion to the position from which he or she was promoted or to a position of equivalent grade or pay.

840.4 The return of an employee to the position from which he or she was promoted or to a position of equivalent grade or pay shall not be subject to chapters 16 and 24 of these regulations.

840.5 A term appointee who accepts a term promotion in the same project shall have no right to return to the position from which promoted.

840.6 For the purposes of this section, the following term has the meaning ascribed:

Term promotion—a promotion for a limited term in excess of one (1) year, but not to exceed four (4) years for a designated project.

841.1 A Career Service appointee may be detailed to another position to meet a temporary employment need for a period of not more than one hundred twenty (120) days to an established position or two hundred forty (240) days to an unestablished position; and, unless prohibited by this section, the detail may be extended by the personnel authority in increments of one hundred twenty (120) days.

841.2 A detail to an established position (as defined in chapter 11 of these regulations) may be made for up to one (1) year during a major reorganization.

841.3 All details to established higher grade positions extending beyond two hundred forty (240) days shall be made by competition.

841.4 No detail to a higher grade position or to an unestablished position (as defined in chapter 11 of these regulations) shall extend beyond one (1) year, unless the personnel authority determines that highly unusual circumstances warrant an extension beyond one (1) year.

842.1 A Career Service employee serving under a Career Appointment (Permanent), who has been demoted as a result of a reduction in force under chapter 24 or a classification action under chapters 11 and 16 of these regulations, shall be entitled to special placement consideration for a period of two (2) years from the date of the personnel action placing the employee in a lower-graded position.  This special consideration shall apply to vacancies similar to the position from which demoted occurring in the agency in which demoted at his or her former grade (or any intervening grade).

842.2 Placement consideration of an employee under this section shall precede efforts to fill vacancies through competitive placement procedures as provided in § 844.

842.3 An employee who was separated by reduction in force and later reemployed in the Career Service in his or her former agency shall be entitled to special placement consideration for two (2) years from the date of the separation due to reduction in force in accordance with this section if such later reemployment is either of the following:

842.4 Placement consideration of an employee for repromotion under this section shall not be a guaranteed repromotion.

842.5 The provisions of this section shall not apply in instances wherein demotion action is effected by the personnel authority because the affected employee was determined to be not qualified or not eligible for the position from which demoted.

843.1 In Career Service placement and promotion actions, failure to adhere strictly to laws, regulations, or the personnel authority's personnel manual shall be rectified promptly by the personnel authority or the agency involved.

843.2 The nature and extent of actions to be taken in any case shall be determined on the basis of all the facts in the case, with due regard to the circumstances surrounding the violation, to the equitable and legal rights of the parties concerned, and to the interest of the District government.

843.3 The general rule shall be that an erroneously placed or promoted Career Service employee may be retained in the position only if the promotion action can be corrected to conform essentially to all requirements as of the date the action was taken.

843.4 Upon written determination that equity, hardship, or the needs of the service require it, a personnel authority may waive the requirements of § 843.3 and retain the employee in the position.

843.5 Waiver of requirements and retention of an employee in his or her position shall be dependent on the nature, extent, and seriousness of the violation(s) involved in the particular situation, and shall take into account such factors as the following:

843.6 If an employee is not retained in the position, he or she shall be returned to his or her former position or placed in another position of equal grade for which he or she is qualified.

843.7 If the position in which the employee is placed is in a higher grade or level than the position he or she was in prior to the erroneous placement or promotion, the position change shall be made under competitive promotion procedures as though the employee were still serving at the grade or level from which erroneously placed or promoted.

843.8 If the action taken to remedy the erroneous placement or promotion was to require that the position be vacated, an employee who was not placed or promoted or given proper consideration because of the violation (that is, an employee in the best qualified group who was not selected or an employee who should have been in this group but was not) shall be considered for placement or promotion to the vacated position before candidates are considered under a new promotion or other placement action as provided in § 844.

843.9 If the remedial action did not include vacating the position, an employee who was not placed or promoted or given proper consideration because of the violation shall be given priority consideration under a new promotion or other placement action as provided in § 844.

843.10 An employee's entitlement to priority consideration under this section shall continue until the employee's name has been referred on a certificate for a comparable position, or the employee declines consideration for a comparable position, or the employee is no longer available for consideration.

843.11 Violations by design shall be proper grounds for disciplinary or adverse action, and the personnel authority shall investigate all allegations of violation by design and take appropriate action, as provided in chapter 16 of these regulations.

844.1 Priority placement category 1 shall consist of the following:

844.2 Placement of an individual in priority placement category 1 shall be effected or considered in accordance with applicable statutory rights or orders or judgments pertaining thereto, and shall be effected as mandated.

844.3 Priority placement category 2 shall consist of the following:

844.4 Placement of an individual in priority placement category 2 shall be subject to the following:

844.5 A current employee in the Career Service who is serving under a Career Appointment (Probational) or a Career Appointment (Permanent), provided he or she is qualified, may be selected for a position for which a category 2 candidate described in § 844.3(d), (e), or (f) has been referred; and the selection shall not need to be justified in writing.

845.1 A Career Service employee may file a grievance with an agency or personnel authority, as appropriate under these regulations, when he or she believes that an employment practice which was applied to him or her violates a requirement of law or these regulations.

845.2 A candidate may file a grievance with the personnel authority regarding an action on his or her application for employment in the Career Service.

845.3 A grievance shall be resolved under appropriate grievance procedures, pursuant to chapter 16 of these regulations or an applicable collective bargaining agreement.

845.4 While the procedures used to identify and rank qualified candidates are proper subjects for formal grievances, nonselection from among a group