(a) Conditions. Reemployment rights may be exercised only under the following conditions. The individual must apply in writing to the former employing agency for reemployment not later than 30 calendar days after:
- (1) Receipt of notice of involuntary separation from tribal employment. For this purpose, involuntary separation means any separation against the will and without consent of the individual.
- (2) Reversion of the function to Federal operation, whether reversion is through tribal or Federal action; or
- (3) Separation with the joint consent of the tribal organization and the Federal agency for reasons of personal hardship or other special circumstances.
(b) Termination. A former employee's entitlement to reemployment terminates for:
- (1) Failure to apply for reemployment within the time limit stated in paragraph (a) of this section;
- (2) Resignation from tribal service without the joint consent, described in paragraph (a)(3) of this section, of the tribal organization and the Federal employer; or
- (3) Failure to accept, within 10 calendar days of receipt thereof, an offer of reemployment made under § 352.706 which is determined by the employing agency or by the Merit Systems Protection Board on appeal to be a proper offer of reemployment.