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VOLUME 20

FOSTER
1934

i/A/ITED %

NUMBER 80

Washington, Saturday, April 23, 1955

TITLE 5 ADMINISTRATIVE
PERSONNEL
Chapter I Civil Service Commission P art 22 Appeals of P reference E l i
gibles U nder the V eterans P reference Act of 1944

Effective upon publication in the F ed R egister , P art 22 is revised and amended to read as follows:
eral
Subpart A General Provisions
Sec.
22.101
22.102
22.103

Applicability of regulations.
Employee coverage.
Definitions.
Subpart B
Agency Action
22.201

Notification of proposed action;
charges and opportunity for answer.
22.202 Exceptions to thirty-day notice pe riod.
22.203 Reasonable time to answer.
22.204 Status of employee during notice period.
22.205 Notification of adverse decision of an administrative officer.
Subpart C Employee Appeals
22.301
22.302
22.303
22.304
22.305

Right of appeal.
Time limit.
Where appeal shall be filed.
Contents of appeal.
Failure to prosecute appeal.

Subpart D Commission Action on Initial Appeal
22.401 Investigation.
22.402 Right to a hearing.
22.403 Decision on appeals in the Commis sion; by whom made; contents.
22.404 Recommended corrective action.
22.405 Copies of decision.
22.406 Agency action.
22.407 Report to the Commission.
Subpart E Commission Action; Appellate Review
22.501 Appeals to the Board of Appeals and Review.
22.502 Board procedures.
22.503 Finality of decision.
22.504 The Commissioners.
Subpart F Hearings
22.601 Right to appear at hearing.
22.602 How conducted.
22.603 Introduction of evidence.
22.604 Rules of evidence.

Sec.
22.605

Testimony taken under oath; record of hearings.
22.606 Limitation on attendance at hear ings.
22.607 Appearance of witnesses.
A u t h o r it y : 22.101 to 22.607 issued un der secs. 11, 19, 58 Stat. 390, 391; 5 TJ. S. C.
860, 868. Interpret or apply sec. 14, 58 Stat.
390, as amended by 61 Stat. 723; 5 U. S. C. 863.
Other statutory provisions interpreted or ap plied are cited to text in parentheses.
SUBPART A GENERAL PROVISIONS

22.101 A p p l i c a b i l i t y o f regu la tions Ca S cope. The regulations in this part shall apply to appals from ad verse decisions of administrative officers of the Federal Government and the Gov ernment of the District of Columbia.
They shall not apply to any decision of the Commission or to any action of an administrative officer which is taken pursuant to instructions from the Com mission.
b A ppeals involving p erform an ce ratings. The regulations in this part shall apply to adverse decisions based on unsatisfactory performance. How ever, the correctness of any performance rating which is appealable to a board of review established under section 7 of the Performance Rating Act of 1950, shall not be considered.
c R eduction in ra n k or com pen sa tion due to Com m issions position classi fication decisions. The regulations in this part shall apply to reductions in grade or rank of employees which are taken, a t the election of the agency, after a position classification decision by the Commission.
22.102 E m p l o y e e coverage a E m ployees covered. The regulations in this part shall apply to any career, career-conditional, or indefinite em ployee who has completed a probationary or trial period in a position in the com petitive service, or to any employee who has completed one year of current con tinuous employment in a position outside the competitive service. Such employ ment may be in the service of any estab lishment, agency, bureau, administraContinued on p. 2701

CONTENTS
Agricultural Marketing Service pas Proposed rule making:
Milk handling in Cincinnati, Ohio_______________________ 2727
Pork carcasses and swine; U. S.
standards for grades of cer tain________________________ 2725
Rules and regulations:
Lemons grown in California and Arizona; limitation of ship ments_______________
2703
Oranges, navel, grown in Ari zona and designated part of California; limitation of han dling_______________________ 2702

Agricultural Research Service Rules and regulations:
Animals destroyed because of scrapie____________________

2703

Agriculture Department S ee Agricultural Marketing Serv ice; Agricultural Research Serv ice; Commodity Stabilization Service; Forest Service; Rural Electrification Administration.

Civil Aeronautics Board Notices:
Hearings, etc.:
Pioneer Air Lines; certificate renewal case_____________
Slick Airways, Inc.; air freight rate investigation; petition to modify minimum rates applicable to cut flowers
2743

2742

Civil Service Commission Rules and regulations:
Appeals of preference eligibles under the Veterans Prefer ence Act of 1944____________

2699

Commerce Department S ee Foreign Commerce Bureau.

Commodity Stabilization Service Proposed rule making:
Cotton; measurement of acre age, marketing, collection of marketing penalties, and records and reports for 1955-56 marketing year:
Extra long staple___________
Upland_____________________
2699

2740
2740