5 CFR § 731.105 - Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service.
---identifier: "/us/cfr/t5/s731.105"source: "ecfr"legal_status: "authoritative_unofficial"title: "5 CFR § 731.105 - Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service."title_number: 5title_name: "Administrative Personnel"section_number: "731.105"section_name: "Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service."chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"subchapter_number: "B"subchapter_name: "CIVIL SERVICE REGULATIONS"part_number: "731"part_name: "SUITABILITY AND FITNESS"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "5 U.S.C. 1302, 3301, 7301. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218, as amended. E.O. 13467, 73 FR 38103, 3 CFR, 2009 Comp., p. 198, as amended. E.O. 13488, 74 FR 4111, 3 CFR, 2010 Comp., p. 189, as amended. E.O. 13764, 82 FR 8115, 3 CFR, 2017 Comp. p. 243. Presidential Memorandum of January 31, 2014, 3 CFR, 2014 Comp., p. 340. 5 CFR parts 1, 2, 5, and 6."regulatory_source: "73 FR 20154, Apr. 15, 2008, unless otherwise noted."cfr_part: "731"---
Identifier
/us/cfr/t5/s731.105
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Personnel Management
Authority
5 U.S.C. 1302, 3301, 7301. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218, as amended. E.O. 13467, 73 FR 38103, 3 CFR, 2009 Comp., p. 198, as amended. E.O. 13488, 74 FR 4111, 3 CFR, 2010 Comp.... 5 U.S.C. 1302, 3301, 7301. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218, as amended. E.O. 13467, 73 FR 38103, 3 CFR, 2009 Comp., p. 198, as amended. E.O. 13488, 74 FR 4111, 3 CFR, 2010 Comp., p. 189, as amended. E.O. 13764, 82 FR 8115, 3 CFR, 2017 Comp. p. 243. Presidential Memorandum of January 31, 2014, 3 CFR, 2014 Comp., p. 340. 5 CFR parts 1, 2, 5, and 6.
# 731.105 Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service.(a) OPM or an agency acting under delegated authority may take a suitability action in connection with any application for, or appointment to, the competitive service or career Senior Executive Service.(1) OPM's or an agency's authority to complete a suitability action continues when an application is withdrawn, when an offer of employment is withdrawn, or when an individual appointed separates from employment.(2) OPM's or an agency's authority to take a suitability action includes the case of an application for or appointment to the competitive service or career Senior Executive Service from another type of position when a prior investigation is being reciprocally accepted as described in § 731.104(a).(b) OPM may take a suitability action under this part against an *applicant* or *appointee* based on the criteria in § 731.202.(c) Except as limited by § 731.103(b), (d), and (f), an agency, exercising delegated authority, may take a suitability action under this part against an *applicant* or *appointee* based on the criteria of § 731.202.(d) Only OPM may take a suitability action under this part against an *employee* in the competitive service or career Senior Executive Service based on the criteria of § 731.202(b)(3), (7), or (8).(e) An agency may not take a suitability action against an *employee* in the competitive service or career Senior Executive Service. Nothing in this part precludes an agency from taking an adverse action against an employee under the procedures and standards of 5 CFR part 752 or terminating a probationary employee under the procedures of 5 CFR part 315 or 359 or under agency specific authorities. An agency must notify OPM to the extent required in § 731.103(d) and (f) if it wants to take, or has taken, action under these authorities. OPM retains the right to take a suitability action even in those cases where the agency makes an adjudicative determination under another authority.