Waivers and exceptions to preappointment investigative requirements.

CFR · 2024-01-01 · US · Title 5

(a) (i) In case of emergency if the head of the department or agency concerned finds that such action is necessary in the national interest; and (ii) When such finding is made a part of the records of the department or agency. (2) (ii) For positions designated Critical-Sensitive under this part, the records of the department or agency required by paragraph (a)(1) of this section must document the decision as follows: (A) The nature of the emergency which necessitates an appointment prior to completion of the investigation and adjudication process; (B) A record demonstrating the successful initiation of the required investigation based on a completed questionnaire; and (C) A record of the Federal Bureau of Investigation fingerprint check portion of the required investigation supporting a preappointment waiver. (iii) When a waiver for a position designated Noncritical-Sensitive is granted under this part, the agency head will determine documentary requirements needed to support the waiver decision. In these cases, the agency must favorably evaluate the completed questionnaire and expedite the submission of the request for an investigation at the appropriate level. (iv) When waiving the preappointment investigation requirements, the applicant must be notified that the preappointment decision was made based on limited information, and that the ultimate appointment decision depends upon favorable completion and adjudication of the full investigative results. (b) (1) Positions that

official document · source cfr-2024 · id 5:§ 1400.202