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§ 339.306 - Processing medical eligibility determinations.

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In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to a higher level review of the determination within the agency.

OPM must approve the sufficiency of the agency's reasons to:

Medically disqualify or pass over a preference eligible in order to select a nonpreference eligible for:

A competitive service position under part 332 of this chapter; or

An excepted service position in the executive branch subject to title 5, U.S. Code;

Medically disqualify or pass over a 30 percent or more compensably disabled veteran for a position in the U.S. Postal Service in favor of a nonpreference eligible;

Medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in a reduction in force under § 351.702(d) of this chapter; or

Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment, for example, under § 316.302(b)(4) of this chapter.

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§ 339.305 - Records and reports.
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