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FEDERAL
VOLUME 20

3 4

AHTED

NUMBER 249

Washington, Friday, December 23, 1955

9.106 Authority of Commission to . CONTENTS
investigate separations, suspensions, re assignments, or demotions.
Agricultural Marketing Service Pas b The Commission may investigateRules and regulations:
Chapter I Civil Service Commission the removal, suspension, reassignment, or Egg products; grading and P art 2F illing C om petitive P o sition s demotion of an employee who establishes inspection_________________ 9893
P art 9 S eparations , S u sp e n s io n s , and a prima facie case that:
Milk in Texas Panhandle mar 1 The procedure prescribed by the keting area________________ 9905
D emotions Commission under 9.102 a 1 has Poultry and edible products miscellaneous amendments not been followed regardless of other thereof; grading and inspec Sections 2.101, 0.101 b, and 9.106 b allegations ; or tion; U. S. classes, standards 2 The removal, suspension, reas are amended as set out below:
and grades___________
9896
signment, or demotion was made for po Shell eggs; grading and inspec 2.101 Methods of filling vacancies. litical reasons, except as may be required tion; U. S. standards, grades In his discretion an appointing officer by law, or resulted from discrimination and weight classes_______
9894
may fill any position in the competitive because of marital status or physical service either by competitive appoint handicap.
Agricultural Research Service ment from a civil service register or by Rules and regulations:
N o t e : Allegations of discrimination be appointment of a present or former Fed Khapra beetle quarantine; reg cause of race, religion, color, or national ori eral employee through noncompetitive gin will not be investigated under 9.106, ulated areas___ .______ .__9899
action in accordance with the regula inasmuch as a procedure for review of such Mexican fruit fiy quarantine;
tions in this chapter. He shall exercise cases is provided by Executive Order 10590
methods of treatment of his discretion in all personnel actions and Part 401 of this title.
citrus_____________________ 9898
solely on the basis of merit and fitness.
3 No case will be investigated under Agriculture Department In determining the merit and fitness of any person under this paragraph, there this paragraph unless the request for See Agricultural Marketing Serv ice; Agricultural Research Serv received by the shall be no discrimination on the basis such investigation ice ; Commodity Stabilization of his religious or political affiliations, Commission within ten 10 days after Service.
or his marital status, physical handicap, the effective date of separation, suspen sion, reassignment, or demotion. This Civil Aeronautics Administra race, color, or national origin.
time limit may be extended in the dis tion 9.101 Agency responsibility for sep cretion of the Commission only upon a aration or demotion of employees. showing by the employee that circum Rules and regulations:
Minimum en route IFR alti b The discretion vested: in the apstances beyond his control prevented tudes; miscellaneous amendpointing officer to remove employees un him from filing a request for an investi ments_____________________ 9889
der his jurisdiction, or to take other gation within the prescribed ten 10
Standard instrument approach disciplinary action, is subject only to the days. The regulations of the Commis procedures; alterations_____ 9885
following restrictions:
sion under section 14 of the Veterans 1 Employees in the competitive Civil Service Commission service who are not serving probationary Preference Act of 1944 as amended Part Rules and regulations:
22
of this chapter, relating to appeals or trial periods and who are not serving Exceptions from competitive under temporary appointments, and to the Commission of preference eligibles, service:
employees having a competitive status are applicable whenever a request is re Agriculture Department____ 9880
who occupy positions in Schedule B, un ceived from a preference eligible to in Export-Import B a n k o f der other than temporary appointments, vestigate a removal, suspension for more Washington_____________ _ 9881
shall not be removed, suspended, or in than thirty 30 days, or demotion.
Filling competitive positions;
voluntarily demoted except for such 4 The Commission has no authority separations, suspensions and cause as will promote the efficiency of to invstigate a suspension or termina demotions____ :________ ___ 9879
the service and in accordance with the tion of employment under Public Law Reductions in force, retention procedure prescribed in 9.102.
preference regulations; resto 733, 81st Congress, where it is alleged 2 Discrimination shall riot be exer ration of federal employees cised in removals, suspensions, or demo that the agency failed to follow the pro after active military duty___ 9881
tions because of the employees race, re cedure prescribed in the law.
ligion, color, national origin, marital sta R. S. 1753; sec. 2, 22 Stat. 403, as amended; Commerce Department See Civil Aeronautics Administra tus, or physical handicap, or except as 5 U. S. C. 631, 633
tion.
.t>e required by law because of his U nited S tates C ivil S erv political opinions or affiliations.
ice C o m m issio n , Commodity Stabilization Service 3 Like penalties shall be imposed for seal
Wm. C. H u ll , Rules and regulations:
like offenses whenever removals, suspenExecutive Assistant.
Sugar; Puerto Rico, 1956;
S1ns> or demotions are made, or when P. R. Doc. 55-10287; Piled, Dee. 22, 1955;
quotas and direct consump other disciplinary actions are taken.
8:47 a. m.
tion portion ____________ 9901
9879

TITLE 5 ADMINISTRATIVE
PERSONNEL