# 5 CFR § 316.601: Appointment without competitive examination in rare cases

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-316.601

## Section

- **Citation:** 5 CFR § 316.601
- **Heading:** Appointment without competitive examination in rare cases
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 316—TEMPORARY AND TERM EMPLOYMENT > Subpart F—Appointment Without Competitive Examination in Rare Cases

## Text

(a) An agency may make an appointment without competitive examination when:
(1) The duties and compensation of the position are such, or qualified persons are so rare, that in the interest of good civil service administration the position cannot be filled through open competitive examination;
(2) The person to be appointed meets all applicable qualification requirements for the position; and
(3) The appointment is specifically authorized by the Office or is made under an agreement between the agency and the Office providing for such appointments.
(b) A person appointed under paragraph (a) of this section does not acquire a competitive status on the basis of that appointment.
(c) When a position filled under paragraph (a) of this section becomes vacant, the agency may fill the vacancy by another appointment under paragraph (a) of this section only if the conditions of paragraph (a)(3) of this section are again met.
[44 FR 55132, Sept. 25, 1979]

## Nearby sections

- [5 CFR § 316.301 § 316.301 Purpose and duration.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.301.md)
- [5 CFR § 316.302 § 316.302 Selection of term employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.302.md)
- [5 CFR § 316.303 § 316.303 Tenure of term employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.303.md)
- [5 CFR § 316.304 § 316.304 Probationary period.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.304.md)
- [5 CFR § 316.401 § 316.401 Purpose and duration.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.401.md)
- [5 CFR § 316.402 § 316.402 Procedures for making temporary appointments.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.402.md)
- [5 CFR § 316.403 § 316.403 Designation of provisional appointments.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.403.md)
- [5 CFR § 316.601 § 316.601 Appointment without competitive examination in rare cases.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.601.md)
- [5 CFR § 316.701 § 316.701 Public or private enterprise taken over by Government.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.701.md)
- [5 CFR § 316.702 § 316.702 Excepted positions brought into the competitive service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.702.md)
- [5 CFR § 316.703 § 316.703 Effect on tenure of position change of status quo employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.703.md)
- [5 CFR § 316.901 § 316.901 Appointment authority.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.901.md)
- [5 CFR § 316.902 § 316.902 Eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.902.md)
- [5 CFR § 316.903 § 316.903 Qualifications.](https://www.frixlaw.com/law-library/statutes/ecfr-5-316.903.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-316.601. Check the current official text before relying on it. Not legal advice.