Code of Federal Regulations Title 5. Administrative Personnel § 5.300.602 Definitions

(a) The situation to be redressed results from circumstances beyond the organization's control and otherwise would require extensive corrective action;  or

(b) A position at the next lower grade in the normal line of promotion does not exist and the resulting action is not a career ladder promotion;  or

(c) There is a shortage of candidates for the position to be filled.

Inequity to an employee involves situations where a position is upgraded without change in the employee's duties or responsibilities, or where discrimination or administrative error prevented an employee from reaching a higher grade.

Nontemporary appointment means any appointment other than a temporary appointment pending establishment of a register (TAPER) or a temporary or excepted appointment not to exceed 1 year or less.