[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR335.102]

[Page 227-228]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 335--PROMOTION AND INTERNAL PLACEMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 335.102  Agency authority to promote, demote, or reassign.

    Subject to Sec. 335.103 and, when applicable, to part 319 of this 
chapter, an agency may:
    (a) Promote, demote, or reassign a career or career-conditional 
employee;
    (b) Reassign an employee serving under a temporary appointment 
pending establishment of a register to a position to which his original 
assignment could have been made by the same appointing officer from the 
same recruiting list under the same order of consideration;
    (c) Promote, demote, or reassign an employee serving under an 
overseas limited appointment of indefinite duration or an overseas 
limited term appointment to another position to which an initial 
appointment under Sec. 301.201, Sec. 301.202, or Sec. 301.203 of this 
chapter is authorized;
    (d) Promote, demote, or reassign (1) a status quo employee and (2) 
an employee serving under an indefinite appointment in a competitive 
position, except that this authority may not be used to move an 
employee:
    (i) From a position in which an initial overseas limited appointment 
is authorized to another position; or
    (ii) To a position in which an initial overseas limited appointment 
is authorized from another position; and
    (e) Promote, demote, or reassign a term employee serving on a given 
project to another position within the project which the agency has been 
authorized to fill by term appointment;
    (f) Make time-limited promotions to fill temporary positions, 
accomplish project work, fill positions temporarily pending 
reorganization or downsizing, or meet other temporary needs for a 
specified period of not more than 5 years, unless OPM authorizes the 
agency to make and/or extend time-limited promotions for a longer 
period.
    (1) The agency must give the employee advance written notice of the 
conditions of the time-limited promotion, including the time limit of 
the promotion; the reason for a time limit; the requirement for 
competition for promotion beyond 120 days, where applicable; and that 
the employee may be returned at any time to the position from which 
temporarily promoted, or to a different position of equivalent grade and 
pay, and the return is not subject to the procedures in parts 351, 432, 
752, or 771 of this chapter. When an agency effects a promotion under a

[[Page 228]]

nondiscretionary provision and is unable to give advance notice to the 
employee, it must provide the notice as soon as possible after the 
promotion is made.
    (2) This paragraph applies to a career, career-conditional, status 
quo, indefinite, or term employee and to an employee serving under an 
overseas limited appointment of indefinite duration, or an overseas 
limited term appointment.

[33 FR 12428, Sept. 4, 1968, as amended at 35 FR 13075, Aug. 18, 1970; 
45 FR 24855, Apr. 11, 1980; 57 FR 10124, Mar. 24, 1992; 58 FR 59347, 
Nov. 9, 1993]