sion's eligible registers unless the commission shall decide in any case that there are no available eligibles. Such temporary appointment shall not extend beyond six months unless there are no eligibles available for the additional period or under unusual circumstances which seem to the commission to justify an extension beyond. six months; and in no case shall such temporary appointment extend beyond six months for any purpose other than to complete the job of work for which the person was originally employed. The commission may restrict certification for temporary appointment to such eligibles as by reason of residence or other conditions are immediately available.

"For every appointment made under this paragraph of the rule, prior authority of the commission must be obtained except in those cases where general authority is granted by the regulations. In positions in the departments at Washington the commission will certify eligibles for a temporary appointment whenever they are available. (Commission's circular No. 1729, June, 1909.)

In all outside services or offices for positions for which registers are not maintained by local boards, but for which certification is issued directly from the commission, where a special work or job will be completed in 30 days or less, general authority to constitute the prior consent of the commission is given for temporary appointment, but such appointments must be reported by letter to the commission when made. (Minute of commission, Mar. 25, 1905.)

"General authority is given for the extension beyond three months for an additional period not to exceed three months of all original appointments made through certification from the commission's register or authorized by the commission for three months in the absence of eligibles, for service outside of Washington, D. C.; but all such extensions beyond three months shall be reported to the commission by letter when made, and in no case shall any appointment extend beyond a period of six months unless prior consent of the commission is secured. Three months' appointments made under section 4 of Rule VIII in Washington, D. C., may be extended for an additional period of three months only by the consent of the commission previously given in each case." (Minute of commission, Feb. 9, 1910.)

Temporary ap

ment.

der which tem

ment may

be

5. The acceptance of an eligible of a temporary appointment does pointment shall not affect his standing on any register not affect eligibility for permafor permanent employment, and experience gained as a nent appointtemporary appointee shall in no way vary the order of certification for permanent appointment. A temporary Conditions unappointment may be made permanent when the tempo-porary appointrary appointee is within reach for permanent appoint-made permanent. ment at the time of his temporary appointment or in case he is so within reach during his temporary service. In such case the probational appointment may date from the time when he became within reach for probational appointment. A person who has been temporarily employed under the provisions of one section of this rule shall not for that reason be ineligible for employment under any other section. Any appointment under sections 1, 2, or 3 of this rule shall be promptly reported by letter to the commission, as made, with a statement of

may inspect rec

the action taken for making permanent appointment. Commission The commission is authorized to inspect the records of ords of depart-any department or office to aid it in observing and enforcing the operation of the provisions of this rule and reporting thereon to the President.

ment.

place of.

Manner and A person separated without delinquency or misconduct from a competitive position, or from a position which he entered by transfer or promotion from a competitive position, may be reinstated in the department or office in which he formerly served, upon certificate of the commission, subject to the following limitations:

Time limit, with exceptions.

for.

Examination

*

(a) The separation must have occurred within one year next preceding the date of the requisition of the nominating or appointing officer for such certificate; but this limitation shall not apply to a person who served in the Civil War or the War with Spain and was honorably discharged, or his widow, or an Army nurse of either war. (b) No person may be reinstated to a position requiring an examination different from that required for the position from which he was separated without passing an appropriate examination.

* * "The question of reinstatement is one of administrative discretion, and not to be granted except when consistent with the interests of the public service." (Opinion Atty. Gen., Aug. 27, 1902, 24 Op., 103.)

By Executive order of April 4, 1908, an employee of the Life-Saving Service who lost his health as an incident to his heroic conduct in saving life was excepted from the time limit of one year for reinstatement and allowed appointment to a position the duties of which he was competent to perform, and it was directed that this case was to be treated as a precedent to be followed in similar cases. (See Twenty-fourth Report, p. 135.)

A clerk who resigned from the War Department June 30, 1888, and was reappointed to a clerkship in the same department November 2, 1888, but failing to accept of such reinstatement the appointment was canceled January 28, 1889, is not eligible to certification for reinstatement after one year from the date of his resignation. (Opinion Atty. Gen., Oct. 26, 1889, 19 Op., 416.)

Rule IX, allowing reinstatement of "a person separated without delinquency or misconduct from a competitive position," means separation from a position competitive at the time of the request for reinstatement, and not that it must have

been so at the time of separation. (Opinion Atty. Gen., June 13, 1906, 25 Õp., 618.)

Reinstatements to apportioned positions are charged to the States in which the persons reinstated prove legal residence at the time of reinstatement, regardless of their legal residence at the time of their separation from the service. (Minute of commission, July 20, 1899.)

A person reinstated to an apportioned position within a year from the date of separation will not be required to prove legal residence if he claims residence in the same State from which originally appointed and had proved same. (Minute of commission, May 12, 1898.)

A person separated from the nonapportioned service may be reinstated in the apportioned service of the same department, subject to the limitations of clauses (b), (c), (d), and (e) of section 8, and section 9 of Rule X. (Minute of commission, July 11, 1903.)

The actual reappointment of a person may take place after the expiration of one year from the date of separation, if the requisition is made within one year, and the vacancy exists or is about to occur at the time of such requisition. But this must not be construed as extending the privilege of appointment longer than is reasonably required for the necessary

promotions.

RULE X. -TRANSFER.

Transfers shall be governed as follows:

Subordinate to 1. No transfer shall be made to a competitive position above the lowest class in any grade unless the appointing officer shall certify that the position can not be adequately filled by promotion; but the commission may, with the approval of the head of any department, adopt regulations applicable to the service in or under such department declaring what class shall be regarded as the lowest in any grade.

"A transfer from one department to another can be made only upon the request of the head of the department to which the transfer is proposed to fill an existing vacancy in that department. The consent of the head of the department in which the person is employed must be obtained. The commission can not undertake to decide the permissibility of the transfer or whether an examination will be necessary until such consent is given and requisition made by the head of the department to which the transfer is proposed. The commission can take no action on requests of individuals for approval of their transfer, and no register of persons eligible for transfer is kept. A person seeking transfer should therefore address his request to the head of the executive department (preferably through the official in charge of the particular office) to which he desires to be transferred.

From excepted to competitive

"No specific authority for transfers is found in the civil-service act, and they are allowed only as necessary exceptions to open competition. The rules are intended to impose restrictions which will confine transfers within the fundamental provisions of the act; that is, that they shall be warranted by the conditions of good administration and have regard to the rights of competitors and employees without making a privileged class of the latter." (Commission's circular No. 305, September, 1912.)

Where the transfer involves a promotion the requirements of the promotion rule and regulations should be observed. (Minute of commission, Dec. 22, 1899.)

No exception is made in the law or rules in the case of transfers involving mutual exchanges of positions. Hence the same restrictions apply as in individual transfers. (Minute of commission, Oct. 17, 1906.)

2. No person appointed without competitive examinaposition. tion to a position classified at the time of such appointment, and no person serving in an unclassified position or in a position named in Schedule A not appointed by competitive examination, or by transfer or promotion from a competitive position, shall be transferred to a competitive position.

Persons appointed through Executive order without examination have all the rights and privileges of persons appointed

Retransfer.

through competitive examination. (Minute of commission, Apr. 6, 1904.)

3. Any person may be retransferred to a position in which he was formerly employed, or to any position to which transfer could be made therefrom, if since his As amended transfer he has been continuously in the executive or Apr. 21, 1911.

judicial civil service of the United States or of its insular possessions; or, if he entered the classified service upon competitive examination and the legislative service by transfer therefrom, and is found by the commission to

have served continuously and satisfactorily. Such transfer may be made without compliance with clauses (b), (c), (d), and (e) of section 8 of this rule.

Transfers under this section may be made without compliance with the requirement of examination provided in section 6 of Rule II, and, except where the transfer is to some other department

4. Any person who has served for at least two years me, to in the office of the President of the United States may be Feb. 1, 1912. transferred to a competitive classified position upon such tests of fitness as the commission may deem proper.

5. In the apportioned service transfers within the same Without certifidepartment or office may be made without certificate of tioned positions. the commission, subject to the rules and regulations regarding promotion, unless different tests are prescribed for original entrance to the position to which transfer is proposed.

6. In the nonapportioned service transfers within an cate in nonapporoffice, among post offices, among the different offices of tioned positions. the same customs district, among the military staff departments, and from the War Department to any military staff department, may be made without certificate of the commission, and subject to the limitations prescribed in section 5 of this rule, unless otherwise provided by regulation of the commission.