OPM: “rule of many,” encompasses the advantages of both “rule of three” and category rating procedures. Image: Mark Van Scyoc/Shutterstock.com
OPM has proposed rules to formally replace the traditional “rule of three” with a “rule of many” that would apply to both competitive service and excepted service positions and for candidates from both inside and outside the government when agencies use a numeric ranking system in hiring.
Proposed rules in the July 21 Federal Register note that for many years, the rule of three—in which the hiring official could choose only from among the top three candidates referred—has been largely replaced in practice by category rating, where candidates are divided into levels of qualification and the official can choose from among anyone in the top category. In both cases, preferences for veterans apply.
However, the notice says new rules are needed to would carry out a 2019 law stating that agencies remain free to use numeric rankings—but they must provide for selection from at least three candidates.
“The proposed rule, called the “rule of many,” encompasses the advantages of both “rule of three” and category rating procedures, allowing the hiring agency to make finer distinctions among applicants based on their relative qualifications for the position being filled, while at the same time expanding the range of candidates from which a hiring manager may make a selection. Under the rule of many. a hiring manager is not limited to choosing from among only the three highest applicants to fill each vacancy,” the notice says.
When numeric scores are being used in filling a vacancy, the rules would allow referral of candidates based on any of four criteria: a cutoff score “using test measurement experts knowledgeable about the assessment(s) used”; a cutoff score “based on business necessity; for example, to keep the number of applicants manageable”; “a set number of the highest ranked eligible applicants, for example, the top 10 names”; or “a percentage of the highest ranked eligible applicants; for example, the top 10 percent.”
“In selecting an appropriate mechanism, agencies should consider the number of positions to be filled, the assessment(s) used, historical applicant data, current labor market conditions, and other factors appropriate for the hiring action,” it says.
“The proposed rule does not change the application of veteran’s preference in competitive examining – veterans are still granted preference points under numerical rating procedures and continue to be entitled to selection preference over non-preference eligibles with the same or lower numerical score unless the requirements for passing over a preference eligible are satisfied,” it adds.
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