Page:United States Statutes at Large Volume 58 Part 1.djvu/410

This page needs to be proofread.

officer or employing official shall make selection from the qualified applicants in accordance with the provisions of this Act. Examinations an- SEa. 10. The Civil Service Commission is authorized and directed e certain to hold an examination, during the next succeeding quarterly period, for any position to which any appointment has been made within the preceding three years, for any person included under section 2 (1), (2), and (3) of this Act upon application for examination for any such position. tues and reg al a- SEO. 11. The Civil Service Commission is hereby authorized to promulgate appropriate rules and regulations for the administration and enforcement of the provisions of this Act. sonne, procedure. SEC. 12 . In any reduction in personnel in any civilian service of any Federal agency, competing employees shall be released in accord- ance with Civil Service Commission regulations which shall give due effect to tenure of employment, military preference, length of cArted service service, and efficiency ratings: Provided, That the length of time spent in active service in the armed forces of the United States of each such employee shall be credited in computing length of total Preferrned status i service: Providedfurther, That preference employees whose efficiency ratings are "good" or better shall be retained in preference to all other competing employees and that preference employees whose efficiency ratings are below "good" shall be retained in preference to competing nonpreference employees who have equal or lower functions oprovaso efficiency ratings: And provided further, That when any or all of for preference em- the functions of any agency are transferred to, or when any agency ployees. is replaced by, some other agency, or agencies, all preference employees in the function or functions transferred or in the agency which is replaced by some other agency shall first be transferred to the replace- ing agency, or agencies, for employment in positions for which they are qualified, before such agency, or agencies, shall appoint addi- tional employees from any other source for such positions. Reinstatements. SEC. 13. Any preference eligible who has resigned or who has been dismissed or furloughed may, at the request of any appointing officer, be certified for, and appointed to, any position for which he may be eligible in the civil service, Federal, or District of Columbia, or in any establishment, agency, bureau, administration, project, or department, temporary or permanent. Dlischage, suspen. SEO. 14. No permanent or indefinite preference eligible, who has completed a probationary or trial period employed in the civil service, or in any establishment, agency, bureau, administration project, or department, hereinbefore referred to shall be discharged, suspended for more than thirty days, furloughed without pay, reduced in rank or compensation, or debarred for future appointment except for such cause as will promote the efficiency of the service and for reasons Advnce notce given in writing, and the person whose discharge, suspension for more than thirty days, furlough without pay, or reduction in rank or compensation is sought shall have at least thirty days' advance written notice (except where there is reasonable cause to believe the employee to be guilty of a crime for which a sentence of imprison- ment can be imposed), stating any and all reasons, specifically and in detail, for any such proposed action; such preference eligible shall be allowed a reasonable time for answering the same personally and in RightofappeaL writing, and for furnishing affidavits in support of such answer, and shall have the right to appeal to the Civil Service Commission from an adverse decision of the administrative officer so acting, such appeal to be made in writing within a reasonable length of time after the date of receipt of notice of such adverse decision: Provided, That such preference eligible shall have the right to make a personal 390 PUBLIC LAWS-CH. 287-JUNE 27, 1944 [58 STAT.