§ 930.209 Senior Administrative Law Judge Program

5 CFR 930.209(a)(a) OPM administers a Senior Administrative Law Judge Program in accordance with 5 U.S.C. 3323(b)(2). The Senior Administrative Law Judge Program is subject to the requirements and limitations in this section.

5 CFR 930.209(b)(b) A senior administrative law judge must meet the:

5 CFR 930.209(b)(1)(1) Annuitant requirements under 5 U.S.C. 3323;

5 CFR 930.209(b)(2)(2) Professional license requirement in § 930.204(b); and

5 CFR 930.209(b)(3)(3) Investigations and suitability requirements in part 731 of this chapter.

5 CFR 930.209(c)(c) Under the Senior Administrative Law Judge Program, OPM authorizes agencies that have temporary, irregular workload requirements for conducting proceedings in accordance with 5 U.S.C. 556 and 557 to temporarily reemploy administrative law judge annuitants. If OPM is unable to identify an administrative law judge under § 930.208 who meets the agency's qualification requirements, OPM will approve the agency's request.

5 CFR 930.209(d)(d) An agency wishing to temporarily reemploy an administrative law judge must submit a written request to OPM. The request must:

5 CFR 930.209(d)(1)(1) Identify the statutory authority under which the administrative law judge is expected to conduct proceedings;

5 CFR 930.209(d)(2)(2) Demonstrate the agency's temporary or irregular workload requirements for conducting proceedings;

5 CFR 930.209(d)(3)(3) Specify the tour of duty, location, period of time, or particular cases(s) for the requested reemployment; and

5 CFR 930.209(d)(4)(4) Describe any special qualifications the retired administrative law judge possesses that are required of the position, such as experience in a particular field, agency, or substantive area of law.

5 CFR 930.209(e)(e) OPM establishes the terms of the appointment for a senior administrative law judge. The senior administrative law judge may be reemployed either for a specified period not to exceed 1 year or for such time as may be necessary for the senior administrative law judge to conduct and complete the hearing and issue decisions for one or more specified cases. Upon agency request, OPM may reduce or extend such period of reemployment, as necessary, to coincide with changing staffing requirements.

5 CFR 930.209(f)(f) A senior administrative law judge serves subject to the same limitations as any other administrative law judge employed under this subpart and 5 U.S.C. 3105.

5 CFR 930.209(g)(g) A senior administrative law judge is paid the rate of basic pay for the pay level at which the position has been classified. If the position is classified at pay level AL-3, the senior administrative law judge is paid the lowest rate of basic pay in AL-3 that equals or exceeds the highest previous rate of basic pay attained by the individual as an administrative law judge immediately before retirement, up to the maximum rate F.