Agencies may use temporary or conditional compliance action, e.g., a temporary promotion or a temporary reassignment when available, if:

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(a) A position has been certified by the Office under either section 5110 or 5112 of title 5, United States Code;

(b) The certificate has not been suspended; and,

(c) The agency or employee has requested reconsideration.

This authority will not be used if the position has been downgraded and the employee is entitled to retained grade under Section 5362 of Title 5, United States Code.