5 CFR § 302.104 - Applicability of regulations to applicants and employees.

---
identifier: "/us/cfr/t5/s302.104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 302.104 - Applicability of regulations to applicants and employees."
title_number: 5
title_name: "Administrative Personnel"
section_number: "302.104"
section_name: "Applicability of regulations to applicants and employees."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "302"
part_name: "EMPLOYMENT IN THE EXCEPTED SERVICE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1302, 3301, 3302, 3317, 3318, 3319, 3320, 8151; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14171, 90 FR 8625."
regulatory_source: "55 FR 9407, Mar. 14, 1990, unless otherwise noted."
cfr_part: "302"
---


# 302.104 Applicability of regulations to applicants and employees.

Each agency shall follow the provisions of this part relating to examination, rating, and selection for appointment of an applicant when a qualified preference eligible or person entitled to priority consideration applies for appointment to a position covered by this part. Each agency, in its discretion, may follow these provisions when no preference eligible or person entitled to priority consideration applies.