§ 930.201 Coverage

5 CFR 930.201(a)(a) This subpart applies to individuals appointed under 5 U.S.C. 3105 for proceedings required to be conducted in accordance with 5 U.S.C. 556 and 557 and to administrative law judge positions.

5 CFR 930.201(b)(b) Administrative law judge positions are in the competitive service. Except as otherwise stated in this subpart, the rules and regulations applicable to positions in the competitive service apply to administrative law judge positions.

5 CFR 930.201(c)(c) The title “administrative law judge” is the official title for an administrative law judge position. Each agency must use only this title for personnel, budget, and fiscal purposes.

5 CFR 930.201(d)(d) The Director of OPM, or designee, shall prescribe the examination methodology in the design of each administrative law judge examination.

5 CFR 930.201(e)(e) OPM does not hire administrative law judges for other agencies but has the authority to:

5 CFR 930.201(e)(1)(1) Recruit and examine applicants for administrative law judge positions, including developing and administering the administrative law judge examinations under 5 U.S.C. 3301, 3304, 1104(a), and 1302, and Executive Order 10577, as amended, except OPM is not required to use the examination scoring process in 5 CFR 337.101(a);

5 CFR 930.201(e)(2)(2) Assure that decisions concerning the appointment, pay, and tenure of administrative law judges in Federal agencies are consistent with applicable laws and regulations;

5 CFR 930.201(e)(3)(3) Establish classification and qualification standards for administrative law judge positions;

5 CFR 930.201(e)(4)(4) Approve noncompetitive personnel actions for administrative law judges, including but not limited to promotions, transfers, reinstatements, restorations, and reassignments;

5 CFR 930.201(e)(5)(5) Approve personnel actions related to pay for administrative law judges under § 930.205(c), (g), (h), and (k);

5 CFR 930.201(e)(6)(6) Approve an intra-agency detail or assignment of an administrative law judge to a non-administrative law judge position that lasts more than 120 days or when an administrative law judge cumulates a total of more than 120 days for more than one detail or assignment within the preceding 12 months;

5 CFR 930.201(e)(7)(7) Arrange the temporary detail (loan) of an administrative law judge from one agency to another under the provisions of the administrative law judge loan program in § 930.208;

5 CFR 930.201(e)(8)(8) Arrange temporary reemployment of retired administrative law judges to meet changing agency workloads under the provisions of the Senior Administrative Law Judge Program in § 930.209;

5 CFR 930.201(e)(9)(9) Maintain and administer the administrative law judge priority referral program under § 930.210(c);

5 CFR 930.201(e)(10)(10) Promulgate regulations for purposes of sections 3105, 3344, 4301(2)(D) and 5372 of title 5, U.S.C.; and

5 CFR 930.201(e)(11)(11) Ensure the independence of the administrative law judge.

5 CFR 930.201(f)(f) An agency employing administrative law judges under 5 U.S.C. 3105 has:

5 CFR 930.201(f)(1)(1) The authority to appoint as many administrative law judges as necessary for proceedings conducted under 5 U.S.C. 556 and 557;

5 CFR 930.201(f)(2)(2) The authority to assign an administrative law judge to cases in rotation so far as is practicable;

5 CFR 930.201(f)(3)(3) The responsibility to ensure the independence of the administrative law judge; and

5 CFR 930.201(f)(4)(4) The responsibility to obtain OPM's approval before taking any of the personnel actions described in paragraphs (e)(4) through (8) of this section.