[Federal Register: February 12, 1997 (Volume 62, Number 29)]
[Rules and Regulations]
[Page 6448]


OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 930

RIN 3206-AH31


Funding of Administrative Law Judge Examination

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final
regulation to require agencies employing administrative law judges to
reimburse OPM for the cost of developing and administering examinations
for judge positions. The regulation implements OPM's authority to
delegate examining authority for all competitive service positions
except for administrative law judges, and to require employing agencies
to reimburse OPM for the cost of administrative law judge examinations.

EFFECTIVE DATE: March 14, 1997.

FOR FURTHER INFORMATION CONTACT: Richard A. Whitford on 202-606-2525,
TDD 202-606-0591, or FAX 202-606-1768.

SUPPLEMENTARY INFORMATION: On July 29, 1996, OPM issued an interim
regulation at 61 FR 39267 to implement the new funding arrangement for
administrative law judge examinations as required by the Treasury,
Postal Service, and General Government Appropriations Act, 1996 (Pub.
L. 104-52, November 19, 1995). This act amended 5 U.S.C. 1104 to
require OPM to continue examining for administrative law judges and to
require employing agencies to reimburse OPM for the cost of doing so.
    OPM's interim regulation added a new paragraph (c) to 5 CFR 930.201
to require affected agencies to reimburse OPM annually for the cost of
developing and administering administrative law judge examinations.
Each employing agency's share of reimbursement will be based on its
relative number of such judges as of March 31 of the preceding fiscal
year. The regulation also provided that OPM would work with employing
agencies to review the examination program for effectiveness and
efficiency and identify needed improvements, consistent with statutory
requirements. On this basis, OPM would compute and notify each agency
of its share, along with a full accounting of costs.
    We received two written comments, both from agencies employing
administrative law judges. One agency questioned the basis for the fee,
pointing out that the law does not specify any specific reimbursement
method. This agency agreed with OPM's proposal to establish a working
group of officials from OPM and affected agencies but suggested that
this group determine how costs are to be allocated and have a
continuing role in overseeing the operation of the examination.
    OPM will continue consulting, as we have been, with the
stakeholders in the administrative law judge program, including Chief
Administrative Judges from agencies with the largest judge populations.
For this fiscal year, however, OPM has not allocated any of its
appropriated funds and has no other funding source to operate this
examination. Therefore, we must bill affected agencies, as indicated in
the interim regulation, based on their relative share of the
administrative law judge workforce.
    Another agency did not object to the fee or the reimbursement
method but requested that OPM refer for its appointment consideration
only those candidates who possess specialized experience related to its
programs. Inasmuch as this action would require a substantive change to
5 CFR part 930 that is outside the scope of this rulemaking, OPM cannot
act on the proposal at this time. We will, however, consider it in the
future.
    OPM is adopting without change the new paragraph (c) to
Sec. 930.201 contained in the interim regulation published on July 29,
1996.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it pertains
only to Federal agencies.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 930

    Administrative practice and procedure, Government employees, Motor
vehicles.

Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is adopting its interim regulation at 5 CFR part
930 as published on July 29, 1996 (61 FR 39267) as final with the
following change:
    1. The part title is corrected to read as follows:

PART 930--PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS
(MISCELLANEOUS)

Subpart B--Appointment, Pay, and Removal of Administrative Law
Judges

    2. The authority citation for subpart B continues to read as
follows:

    Authority: 5 U.S.C. 1104(a)(2), 1305, 3105, 3323(b), 3344,
4301(2)(D), 5372, 7521.

[FR Doc. 97-3423 Filed 2-11-97; 8:45 am]
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