An agency may assign an employee to a vacant position under Sec. 351.201(b) or Sec. 351.701 of this part without regard to OPM's standards and requirements for the position if:
(a) The employee meets any minimum education requirement for the position; and
(b) The agency determines that the employee has the capacity, adaptability, and special skills needed to satisfactorily perform the duties and responsibilities of the position. [56 FR 65417, Dec. 17, 1991]