On July 21, 2023, OPM published proposed regulations to implement changes authorized by the NDAA to provide agencies with more flexibility in the selection of candidates under delegated examining procedures and excepted service appointments. In 2019, the NDAA eliminated the “Rule of Three” and tasked OPM to determine a more blended approach of leveraging a numerical system while offering more than three candidates to choose from. 

The OPM’s blended approach – the RULE OF MANY – would allow agencies to use one of four methods for determining the applicants referred for selection either competitive service or excepted service. According to OPM, “this proposal is part of a larger OPM effort to improve the hiring process by helping agencies make meaningful distinctions among applicants in terms of 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 as compared to the more restrictive rule of three.”


OPM is seeking commentary and feedback from federal agencies on this proposition with a deadline of September 19, 2023. MonsterGov encourages all federal agencies to thoroughly review and provide input to OPM.

Below are the different ways to submit comments for Regulation Identification Number (RIN) 3206-AN80:

  • Federal Rulemaking Portal (https://www.regulations.gov): follow instructions for submitting comments. Include Agency name and docket number or RIN for this rulemaking.
  • E-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.): Include RIN and Recruitment and Selection in subject line of message.
  • FAX: (202) 606-4430
  • Mail: Kimberly A. Holden, Deputy Associate Director for Talent Acquisition, Classification and Veterans Programs, US OPM Room 6551, 900 E Street, NW, Washington, D.C. 20415-9700

 For more information, please download OPM's proposed ruling here. 


For MonsterGov federal clients: the MHME federal talent acquisition system is built to accommodate a range of approaches to support the candidate assessment and referral process. In addition to our technology, our I/O Psychologists are available to guide you through your assessment needs – and that includes training. As always, our Professional Services team is here to help.  

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