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The examination of candidates for .51 Appointment of officers having original appointment as officers to any specialized training or experience grade in the Reserve Corps shall conin administration and management. sist of a review and evaluation of their he Surgeon General

academic and other education and

may recmend for original appointment in

their training and experience. In the Reserve Corps candidates who have

discretion of the Surgeon General the ecialized training or experience in

examination of any such candidate ministration and management relat

may include an oral interview, a writ3 to the functions of the Service. All

ten examination, or both. ch candidates shall be subject to the

821.54 Students. me eligibility requirements for origi1 appointment as are applicable to

A potential candidate for appointher candidates, except that such a ment in the Regular Corps who is purundidate may substitute experience in suing a course of instruction which, Iministration or management for the upon completion, would qualify him quirement of professional training or

under $21.25 or $21.26 for examination xperience.

for appointment in the junior assistant

or assistant grade may be examined for 21.52 Waiver of entrance qualifica- and appointed in the Reserve Corps in E

tions for original appointment in the junior assistant grade but shall not

time of war or national emergency. be called to extended active duty until : If, in time of war or national emer- the successful completion of such -gency proclaimed by the President, the course of instruction, except that: (a)

Secretary determines that there is He may be called to active duty for need for commissioned personnel to purposes of training for periods not to meet the needs of the Service, other exceed 120 days during any fiscal year, than persons eligible for examination and (b) those students who have comfor original appointment under the eli- pleted at least 3 years of collegiate or gibility requirements prescribed in this professional study leading to the qualisubpart, he may prescribe standards of fying degree for appointment may be eligibility for examination for the called to active duty for the purpose of original appointment of officers in the completing the requirements of

Reserve Corps without regard to such 821.25(a)(3). An appointment made eligibility requirements. Such stand- under this subpart shall be terminated wards shall, however, authorize the ex- upon the officer's failure to continue a

amination only of candidates with spe- full-time course of study or failure to

cialized experience in administration meet the requirements of $21.25(a)(3) til or management candidates with within 18 months after entering on ac

training or experience in fields relating tive duty. to public health. The permanent grade

(34 FR 706, Jan. 17, 1969) of an officer who becomes eligible for examination for appointment pursuant $21.55 Appointment to higher grades; to such standards and who becomes eli- candidates exceptionally qualified gible for appointment after passage of in specialized fields. an examination shall be limited to the

Any candidate eligible for examinajunior assistant or the assistant grade,

tion for appointment in the grade of asexcept that, if upon examination a can

sistant pursuant to $21.26 who, upon didate is found to be exceptionally

examination for such purpose, is found qualified for the performance of highly

exceptionally qualified for the performspecialized duties with the Service pur

ance of duties requiring highly specialsuant to $21.55, he may be

ized training or experience may be recommended for appointment to any

ommended for appointment in the Regrade up to and including the director

serve Corps in any grade up to and ingrade.

cluding the director grade without re(21 FR 9806, Dec. 12, 1956, as amended at 24 gard to the additional years of postFR 1790, Mar. 12, 1959)

graduate training or experience pre


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scribed for grades above the assistant make it impracticable for the sea grade.

to require such examination, be s

in the discretion of the Surgeone $ 21.56 Reappointment.

eral, be reappointed without such An officer of the Reserve Corps, after amination, but shall be examine: being examined and found qualified for soon thereafter as practicable a: reappointment, may be recommended physical qualification or disqual for reappointment to the same grade in

tion for continued or future as the event that his commission expires service shall be determined on: before he becomes eligible for re- same basis as if the physical exa appointment to a higher grade, or may tion had been given prior to reappebe recommended for reappointment to

ment. a higher grade to be effective on or after the date on which he meets the Subpart C-Involuntary Child arx qualifications prescribed in this sub- Spousal Support Allotments part for original appointment to such higher grade.

AUTHORITY: 37 U.S.C. 101, 15 U.S.C. 1632

U.S.C. 665. $21.57 Examination for reappoint- SOURCE: 49 FR 7235, Feb. 24, 1984, ment.

otherwise noted. The examination of an officer of the Reserve Corps on active duty who is

$21.70 Purpose. being considered for reappointment in Under references 37 U.S.C. 101. S such corps shall consist of a review and U.S.C. 1673, and 42 U.S.C. 665, this su evaluation of his record with the Serv- part provides implementing polica ice. The examination of an officer of governing involuntary child or ch. the Reserve Corps on inactive duty who and spousal support allotments, is being considered for reappointment signs responsibilities, and prescribe in such corps shall consist of (a) a re- procedures. view and evaluation of his record with the Service while on active duty, if

$ 21.71 Applicability and scope. any, and (b) the record of his training (a) This subpart applies to officers is or experience during the period of his the Public Health Service Commis inactive duty preceding such examina- sioned Corps. The term "Public Health tion. In the discretion of the Surgeon Service," hereinafter shall be referred General the examination for reappoint- to as Service. ment of an officer, whether on active (b) Its provisions pertain to officers or inactive duty, may include an oral of the Service under a call or order to interview.

active duty for a period of six months

or more. 821.58 Physical examination for reappointment.

8 21.72 Definitions. Every officer of the Reserve Corps (a) Child support. Periodic payments being considered for reappointment for the support and maintenance of a shall undergo such physical examina- child or children, subject to and in action as the Surgeon General may di- cordance with State or local law. This rect. An officer on active duty may be includes, but is not limited to pay. recommended for reappointment unless ments to provide for health care, eduhe is found to have a physical disabil- cation, recreation, clothing, or to meet ity which is determined to render him other specific needs of such a child or physically unfit to perform the duties children. of his office under section 402 of the Ca- (b) Spousal support. Periodic payreer Compensation Act of 1949, as ments for the support and maintenance amended. An officer may be

of a spouse or former spouse in accordommended for promotion only if he ance with State or local law. It inmeets the physical qualifications for cludes, but is not limited to, separate original appointment. If an officer is maintenance, alimony pendente lite, not available to be physically exam- and maintenance. Spousal support does ined because of circumstances which not include any payment for transfer of



erty or its value by an individual amount equal to the support payable is or her spouse or former spouse in for two months or longer. Failure to pliance with any community prop- make such payments shall be estab

settlement, equitable distribution lished by notice from an authorized roperty, or other division of prop- person to the designated official of the

between spouse or former spouse. Department. Such notice shall specify -) Notice. A court order, letter, or the name and address of the payee to

ilar documentation issued by an au- whom the allotment is payable. The rized person, which provides notifi- amount of the allotment shall be the ion that an officer has failed to amount necessary to comply with the - ke periodic support payments under support order including amounts for apport order.

arrearages as well as for current sup1) Support order. Any order providing port. However the amount of the allotchild or child and spousal support ment, when added

any other ued by a court of competent jurisdic- amounts withheld from the officer's 'n or by administrative procedures pay pursuant to a support order, shall jablished under State law that af- not exceed the limits for involuntary ds substantially due process and is allotments from pay as prescribed in bject to judicial review. A court of section 303 (b) and (c) of the Consumer mpetent jurisdiction includes Indian Credit Protection Act, 15 U.S.C. 1673. ibal courts within any State, terri- An allotment under this Subpart shall ry, or possession of the United States be adjusted or discontinued upon noid the District of Columbia.

tice from any authorized person. (e) Authorized person. (1) Any agent or (b) Notwithstanding the above, no acttorney of any State having in effect tion shall be taken to withhold an al

plan approved under part D of title lotment from the pay and allowances V of the Social Security Act (42 U.S.C. of any officer until such officer has had 51-665), who has the duty or authority an opportunity to consult with a legal o seek recovery of any amounts owed officer of the Department to discuss LS child or child and spousal support the legal and other factors involved including, when authorized under a with respect to the officer's support obstate plan, any official of a political ligation and his or her failure to make zubdivision); and (2) the court which payments. The Department shall exer27. has authority to issue an order against cise continuing good faith efforts to arthe officer for the support and mainte- range such a consultation, but must nance of a child, or any agent of such begin to withhold allotments on the court.

first end-of-month payday after 30 days (f) Active duty. Full-time duty in the have elapsed since notice of an oppor2. Service, including full-time training tunity to consult was sent to the offi

of duty.


(8) Legal officer. Shall be an officer of the Service or employee of the Depart

ment who is a lawyer and who has subdostantial knowledge of the regulations, en policies, and procedures relating to the to implementation of section 172 of Pub. ali L. 97-248.

be $21.73 Policy.

(a) It is the policy of the Department of Health and Human Services to withhold allotments from pay and allowances of commissioned officers on active duty in the Service to make involuntary allotments from pay and allowances as payment of child, or child and spousal, support payments when the officer has failed to make periodic payments under a support order in a total

821.74 Responsibilities.

(a) The General Counsel, Office of the Secretary, Department of Health and Human Services, shall be the Designated Official for the Department and shall provide guidance to the Service regarding administration of the provisions of these regulations.

(b) The Commissioned Personnel Operations Division, Office of Personnel Management, Office of Management, Office of the Assistant Secretary for Health, shall implement the provisions of these regulations. 821.75 Procedures. (a) Service of notice !"

it hor person shall serve o

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Notal of the Departmen: a sted no ice shall identify the officer: tice including:

whom moneys are due and perada (1) Full name of the officer,

pay of the officer shall be redes (11) Social security number of ide of the amount necessary to compi foer;

the support order and liquidate = (111) Duty station location of the o- ages if any. if provided by orde cer, if known.

court or duly authorized admin (iv) A statement that support pay- tive agency. The maximum amos ments are delinquent by an anoant at be alloted under the provision too least equal to the amount of support with any other moneys withheld payable for two months

the officer for support pursuant (V) A photocopy along with any court order may not exceed: modifications, of the underiving sup (1) 50 percent of the omicer's da port order;

able earnings for any month whe (vi) A statement of the amount of ar oốcer asserts by affidavit or otte rearages provided for in the court order ceptable evidence that he or she is and the amount which is to be applied porting a spouse or dependent că each month toward liquidation of the both other than a party in the ser Arrearages, if applicable;

order. When the officer submits (vii) The full name and address of the dence, copies shall be sent to tbe payee to whom the allotment will be thorized person, together with noc payable;

tion that the officer's support cia (viii) Any limitations on the duration will be honored. If the support cler of the support allotment.

contested by the authorized person E (2) The service of notice shall be ac- authorized person may refer it to complished by certified or registered appropriate court or other author mail, return receipt requested, or by for resolution. Pending resolution & personal service, upon the appropriate contested support claim, the allotme designated official of the Department shall be made but the amount of so The designated official shall note the allotment may not exceed 50 percent date and time of receipt on the notice. the officer's disposable earnings;

(3) Valid service is not accomplished (ii) 60 percent of the officer's dispo until the notice is received in the office able earnings for any month when of the designated official,

officer fails to assert by affidavit a (4) If the order of a court or duly au- other acceptable evidence, that her thorized administrative agency seeks she is supporting a spouse or depender collection of arrearages, the notice child or both; must state that the support allotment (iii) Regardless of the limitatios qualifies for the additional 5 percent in above, an additional five percent of the excess of the maximum percentage lim- officer's disposable earnings shall be itations found in 15 U.S.C. 1673. Sup withheld when it is stated in the notic porting evidence must be submitted to that the officer is in arrears in an the Department establishing that the amount equivalent to 12 or more support order is 12 or more weeks in ar- weeks' support. rears.

(b) Disposable earnings. (1) The follow(5) When the information submitted ing moneys, as defined in the U.S. Pub is not sufficient to identify the officer lic Health Service Commissioned Corps the notice shall be returned directly to Personnel Manual, are subject to incluthe authorized person with an expla- sion in computation of the officer's disnation of the deficiency. However, be- posable earnings: fore returning the notice, an attempt (i) Basic pay; should be made to inform the author- (ii) Basic allowances for quarters for ized person who caused the notice to be officers with dependents and officers served that it will not be honored un- without dependents; less adequate information is supplied. (iii) Basic allowance for subsistence;

(6) Upon proper service of notice of (iv) Special pay for physicians, dendelinquent support payments and to- tists, optometrists, and veterinarians; gether with all required supplementary (v) Hazardous duty pay; documents and information, the Sery- (vi) Flying pay; and

Family separation allowances for officers assigned outside the uous United States). Exclusions. The following moneys

cluded from the computation of -officer's disposable earnings. nts due from or payable by the

States shall be offset by any ats: Owed by the officer to the United

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Required by law to be deducted the remuneration or other pay

involved including but not limto:

Amounts withheld from benefits oble under title II of the Social Secy Act when the withholding is reed by law; :) FICA. 2) Properly withheld for Federal and te income tax purposes if the withling of the amounts is authorized or uired by law and if amounts withd are not greater than would be the e if the individual claimed all deudents to which he or she were entid. The withholding of additional counts pursuant to 26 U.S.C. 3402(i) uy be permitted only when the officer esents evidence of a tax obligation aich supports the additional withlding. (4) Deducted for the Servicemen's roup Life Insurance coverage. (5) Advances of pay that may be due ad payable by the officer in the fuare. (d) Officer Notification. (1) As soon as ossible, but not later than 30 calendar lays after the date of receipt of notice, che Commissioned Personnel Operutions Division shall send to the officer at his or her duty station, written notice:

(1) That notice has been served, including a copy of the documents submitted;

(ii) of the maximum limitations set forth, with a request that the officer submit supporting affidavits or other documentation necessary for determining the applicable percentage limitation;

(111) That by submitting supporting affidavits or other necessary documentation, the officer consents to the disclosure of such information to the

party requesting the support allotment;

(iv) Of the amount of percentage that will be deducted if the officer fails to submit the documentation necessary to enable the designated official of the Service to respond to the legal process within the time limits set forth;

(v) That a consultation with a legal officer is authorized and will be provided by the Department. The name, address, and telephone number of the legal officer will be provided;

(vi) That the officer may waive the personal consultation with a legal officer; however if consultation is waived action will be taken to initiate the allotment by the first end-of-month payday after notification is received that the officer has waived his/her consultation.

(vii) That the allotment will be initiated without the officer having received a personal consultation with a legal officer if the legal officer provides documentation that consultation could not be arranged even though good faith attempts to do so had been made; and

(viii) of the date that the allotment is scheduled to begin.

(2) The Commissioned Personnel Operations Division shall inform the appropriate legal officer of the need for consultation with the officer and shall provide the legal officer with a copy of the notice and other legal documentation served on the designated official.

(3) If possible, the Commissioned Personnel Operations Division shall provide the officer with the following:

(1) A consultation in person with the appropriate legal officer to discuss the legal and other factors involved with the officer's support obligation and his/ her failures to make payment;

(ii) Copies of any other documents submitted with the notice.

(4) The legal officer concerned will confirm in writing to the Commissioned Personnel Operations Division within 30 days of notice that the officer received a consultation concerning the officer's support obligation and the consequences of failure to make payments. The legal officer concerned must advise the Commissioned Personnel Operations Division of the inability to arrange such consultation and the

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