Section 6-B844. PRIORITY PLACEMENT CATEGORIES AND ORDER OF PRIORITY

 

844.1Priority placement category 1 shall consist of the following:

 

(a)An employee or ex-employee entitled to statutory veteran's restoration rights under federal law as described in § 827;

 

(b)An employee separated as a result of a compensable injury entitled to return to duty in accordance with the provisions of § 827; and

 

(c)A person ordered to be placed by an administrative body (for example, Office of Employee Appeals, Office of Human Rights), or a court of competent jurisdiction, or by an arbitrator.

 

844.2Placement 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.

 

844.3Priority placement category 2 shall consist of the following:

 

(a)A current employee whose name has been entered on the agency reemployment priority list in accordance with chapter 24 of these regulations;

 

(b)A former employee whose name has been entered on an agency reemployment priority list in accordance with chapter 24 of these regulations;

 

(c)An employee or former employee whose name has been entered on the displaced employee program list in accordance with chapter 24 of these regulations;

 

(d)An employee entitled to placement or promotion consideration because of violation of or failure to adhere to law, regulation, or procedure in accordance with the provisions of § 843;

 

(e)An employee whose name has been entered on an agency repromotion register in accordance with § 842; and

 

(f)An employee separated as the result of a compensable injury as described in § 827.5 who was not placed within the two (2) years set forth in § 827.22, for a period of one (1) year following expiration of the two-year (2-year) period.

 

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

 

(a)Except for a person in category 1, or an individual described in § 844.5, no person shall be selected ahead of an individual in category 2 unless the selecting official justifies the nonselection in writing and obtains the approval of the personnel authority or his or her designee.

 

(b)Each individuals shall be referred for positions in the order listed in § 844.3.

 

844.5A 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.