# 5 CFR § 731.103: Delegation to agencies for the competitive service and career Senior Executive Service > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-731.103 ## Section - **Citation:** 5 CFR § 731.103 - **Heading:** Delegation to agencies for the competitive service and career Senior Executive Service - **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 731—SUITABILITY AND FITNESS > Subpart A—Scope ## Text (a) Subject to the limitations and requirements of paragraphs (c), (e), and (g) of this section, OPM delegates to the head of an agency authority for making a suitability determination and taking a suitability action (including limited, agency-specific debarments under § 731.205) in a case involving an applicant or appointee. In a case involving an appointee where the individual has converted to an employee in a prior competitive service or career Senior Executive Service appointment, agency heads must consider the individual to be an employee. (b) In a case involving an employee, the head of the employee's employing agency, or designee, may, in its sole and exclusive discretion, make a proper and sufficient referral to OPM, as specified in OPM issuances as described in § 731.102(b), if the employee's conduct appears to warrant an unfavorable suitability determination. (c) When an agency, acting under delegated authority from OPM, determines that a governmentwide debarment by OPM under § 731.204(a) may be an appropriate action, whether on an applicant, appointee, or employee, it must refer the case to OPM for debarment consideration. An agency must make a referral, but only after sufficient resolution of the suitability issue(s) to determine if a governmentwide debarment appears warranted. (d) An agency exercising authority under this part by delegation from OPM must adhere to OPM requirements as stated in this part and issuances described in § 731.102(b). An Agency must also implement policies and maintain records demonstrating that they employ reasonable methods to ensure adherence to these issuances. (e) OPM reserves the right to undertake a determination of suitability based upon evidence of falsification or fraud relating to an examination or appointment at any point when information giving rise to such a charge is discovered. OPM must be informed in all cases where there is evidence of material, intentional false statements, or deception or fraud, in examination or appointment, and OPM will take a suitability action where warranted. (f) OPM may revoke an agency's delegation to make suitability determinations and take suitability actions under this part if an agency fails to conform to this part or OPM issuances as described in § 731.102(b). (g) OPM retains sole jurisdiction to make a final suitability determination and take an action under this part in any case where there is evidence that there has been a material, intentional false statement, or deception or fraud, in examination or appointment. OPM also retains sole jurisdiction to make a final suitability determination and take an action under this part in any case when there is evidence that there has been knowing and willful engagement in acts or activities designed to overthrow the U.S. Government by force. An agency must refer these cases to OPM for suitability determinations and suitability actions under this authority. OPM also retains sole jurisdiction to take a suitability action under this part in any case involving an employee for post-appointment conduct. Although no prior approval is needed, notification to OPM is required if the agency wants to take, or has taken, action under its own authority (such as 5 CFR part 359 or 752) in cases involving conduct fitting within any of these factors or involving an employee for post-appointment conduct. In addition, except as limited by § 731.105(d), OPM may, in its discretion, exercise its jurisdiction under this part in any case it deems necessary regardless of whether the agency may adjudicate under another authority. [89 FR 102691, Dec. 18, 2024, as amended at 91 FR 39379, June 30, 2026] ## Nearby sections - [5 CFR § 731.101 § 731.101 Definitions and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.101.md) - [5 CFR § 731.102 § 731.102 Implementation.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.102.md) - [5 CFR § 731.103 § 731.103 Delegation to agencies for the competitive service and career Senior Executive Service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.103.md) - [5 CFR § 731.104 § 731.104 Investigation and reciprocity requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.104.md) - [5 CFR § 731.105 § 731.105 Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.105.md) - [5 CFR § 731.106 § 731.106 Designation of public trust positions and investigative requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.106.md) - [5 CFR § 731.201 § 731.201 Standard.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.201.md) - [5 CFR § 731.202 § 731.202 Criteria for making suitability and fitness determinations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.202.md) - [5 CFR § 731.203 § 731.203 Suitability actions by OPM and other agencies for the competitive service or career Senior Executive Service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.203.md) - [5 CFR § 731.204 § 731.204 Debarment by OPM in cases involving the competitive service and career Senior Executive Service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.204.md) - [5 CFR § 731.205 § 731.205 Debarment by agencies in cases involving the competitive service and career Senior Executive Service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.205.md) - [5 CFR § 731.206 § 731.206 Reporting requirements for investigations and suitability and fitness determinations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.206.md) - [5 CFR § 731.301 § 731.301 Scope.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.301.md) - [5 CFR § 731.302 § 731.302 Notice of proposed action.](https://www.frixlaw.com/law-library/statutes/ecfr-5-731.302.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-731.103. Check the current official text before relying on it. Not legal advice.