Understanding objections and passovers in the hiring process for veterans is crucial for compliance with merit principles and agency needs. This discussion outlines the procedures and considerations involved in objecting to an applicant or submitting a passover request.
Key Insights
- Objections to applicants must be based on adequate reasons and require a written narrative summary, typically derived from interview panel evaluations.
- Passover requests involve notifying the preference-eligible veteran and the Office of Personnel Management (OPM) with detailed job-related information and reasons for the passover.
- Agencies must ensure thorough information is gathered before submitting objections to avoid unnecessary back-and-forth communications with OPM.
This lesson is a preview from our Certified Federal HR Practitioner (cFHRP) Level I Certificate Program . Enroll in a course for detailed lessons, live instructor support, and project-based training.
This section explains the requirements and procedures for submitting an objection or passover, particularly when it involves a 30% or more disabled veteran. It outlines the legal standards, documentation expectations, and OPM’s role in reviewing these requests to ensure compliance with merit system principles and veterans’ preference laws.
Objection or Passover to a 30% Disabled Veteran
An objection or passover involving a 30% or more disabled veteran is an agency request to remove an applicant from consideration on a particular certificate. An objection or passover may only be sustained for proper and adequate reasons.
Each request must be decided on its own merits. The agency must balance its operational needs with the fundamental merit system principles. Agencies may object based on information obtained during the hiring process, including interviews and related evaluation materials, prior to making a final selection.
How to Submit an Objection
An objection must be submitted in writing and must include a narrative summary. The information for the narrative typically comes from the interview panel.
In one agency example, three to four individuals conducted interviews using a behavioral-based interview approach. The panel followed a structured script and asked each candidate the same set of questions. Although responses varied, the consistency in questioning supported fairness and defensibility.
After each interview, panel members documented candidate responses. They noted specific statements, identified why certain responses were inadequate or inappropriate, and explained what would have been considered acceptable. The panel then discussed the findings and documented the rationale for any potential objection.
The written evaluations were forwarded to a designated point of contact, or POC, who was not involved in the interview process. The POC reviewed the documentation and prepared the formal narrative objection. The objection then proceeded through the agency’s chain of command for review and approval.
In many agencies, this may include review by a supervisor, chief of staffing, and HR director. Each agency may have slight procedural differences, so it is important to understand your agency’s specific process.
Delegated Authority and OPM Involvement
Authority to act on objections is generally delegated to agencies except in specific cases. Agencies may not make final determinations in cases involving:
- Falsification of application materials
- Applicants who are 30% or more disabled veterans
In these situations, the matter must be referred to the Office of Personnel Management, or OPM, for decision.
Passover Requests
A passover request is an objection filed against a preference eligible candidate that results in the selection of a non-preference eligible candidate.
Under 5 U.S.C. 3318(b)(2), preference eligible candidates are entitled to advance written notice from the appointing official of a proposed passover. The notice must include:
- Job title
- Series and grade
- Duty location
- Certificate number
Including the certificate number is particularly important. Many applicants apply to numerous vacancies at once. Clear identification ensures that the applicant understands which specific position is involved.
The notice must also provide:
- An explanation of the reasons for the proposed passover
- Notice of the right to respond to OPM within 15 days
The passover request must be sent to both the applicant and OPM.
OPM Review Process
OPM has 15 days to consider any response submitted by the veteran and must notify both the appointing official and the veteran of its decision in writing. The process is document-based. There are no hearings or formal proceedings.
If the objection is sustained, meaning approved, the appointing official may remove the preference eligible candidate from consideration for that certificate.
If the objection is not sustained, meaning disapproved, the appointing official has two options:
- Submit additional supporting information to OPM
- Proceed with considering the candidate for selection
As a best practice, agencies should ensure that all necessary documentation and supporting evidence are complete and thorough before submitting a passover request. Providing complete information at the outset avoids unnecessary back and forth and strengthens the credibility of the request.
DEU Handbook Resource
The Delegated Examining Unit, or DEU, Handbook is an essential resource referenced throughout this training. It provides guidance, best practices, and regulatory requirements related to delegated examining.
You are encouraged to bookmark the DEU Handbook website for future reference.