5 CFR § 339.201 - Disqualification by OPM.

---
identifier: "/us/cfr/t5/s339.201"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 339.201 - Disqualification by OPM."
title_number: 5
title_name: "Administrative Personnel"
section_number: "339.201"
section_name: "Disqualification by OPM."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "339"
part_name: "MEDICAL QUALIFICATION DETERMINATIONS"
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. 1104(a), 1302(a), 3301, 3302, 3304, 3312, 3318, 3320, 3504, 5112; 39 U.S.C. 1005, Executive Order 10577, Rule II, codified as amended in 5 CFR 2.1(a)."
regulatory_source: "82 FR 5350, Jan. 18, 2017, unless otherwise noted."
cfr_part: "339"
---


# 339.201 Disqualification by OPM.

OPM must review and decide upon an agency's request to pass over a candidate, who is a preference eligible, on medical grounds pursuant to § 339.306. OPM may deny an applicant employment by reason of physical or mental unfitness for the position for which he or she has applied. An OPM decision under this section or § 339.306 is separate and distinct from a determination of disability pursuant to statutory provisions for disability retirement under the Civil Service Retirement System and the Federal Employees' Retirement System.