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Frequently Asked Questions Investigations

Is the decision to sustain an objection to an eligible or pass over a preference eligible a suitability action? Is there a right to appeal such a decision to the Merit Systems Protection Board?

No; per 5 CFR 731.101(a), determinations made and actions taken under part 731 are distinct from objections to eligibles or passovers of preference eligibles, and OPM's and agencies' decisions on such requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right under 5 CFR part 731 does not extend to any other employment action that an agency takes outside of the procedures set forth in part 731.

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