5 CFR § 317.702 - General reinstatement: SES career appointees.
---
identifier: "/us/cfr/t5/s317.702"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 317.702 - General reinstatement: SES career appointees."
title_number: 5
title_name: "Administrative Personnel"
section_number: "317.702"
section_name: "General reinstatement: SES career appointees."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "317"
part_name: "EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 3392, 3393, 3395, 3397, 3592, 3593, 3595, 3596, 8414, and 8421. § 317.202 also issued under 5 U.S.C. 9201-9206 and Pub. L. 116-92, sec. 1122(b)(1)."
regulatory_source: "44 FR 18927, Mar. 30, 1979, unless otherwise noted."
cfr_part: "317"
---
# 317.702 General reinstatement: SES career appointees.
(a) *Eligibility for general reinstatement.* A former SES career appointee who meets the following conditions is eligible for reinstatement under this section:
(1) The individual completed an SES probationary period under a previous SES career appointment or was exempted from that requirement; and
(2) The individual's separation from his or her last SES career appointment was not a removal under subpart C of part 359 of this chapter for failure to be recertified as a senior executive; or a removal under subpart E of part 359 of this chapter for less than fully successful executive performance; or under 5 U.S.C. 1207 by order of the Merit Systems Protection Board as a result of a disciplinary action initiated by the Special Counsel under 5 U.S.C. 1206; or under 5 U.S.C. 7532 (National Security); or under subpart F of part 752 of this chapter for misconduct, neglect of duty, or malfeasance; or a resignation after receipt of a notice proposing or directing removal under any of the above conditions. Removal for failure to accept a directed reassignment to another commuting area, or to accompany a position in a transfer of function to another commuting area, does not preclude reinstatement to the SES unless the appointment to the original position included acceptance of a written nationwide mobility agreement or policy.
(b) *Applying for reinstatement; time limit.* Application for reinstatement under this section shall be made directly to the agency in which SES employment is sought. There is no time limit for reinstatement under this section.
(c) *Qualifications.* The individual must meet the qualification requirements of the position to which reinstated. The agency makes this determination.
(d) *Tenure upon reinstatement.* An individual who is reinstated under § 317.702 becomes an SES career appointee.
[54 FR 9759, Mar. 8, 1989, as amended at 56 FR 172, Jan. 3, 1991]