United States
Department of Labor
Office of Administrative Law Judges Law
Library
CODE OF FEDERAL REGULATIONS
TITLE 5--ADMINISTRATIVE PERSONNEL
PART 930--PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)
* * *
930.201 Coverage.
930.202 Definitions.
930.203 Examination.
930.203a Appointment.
930.203b Title of administrative law judge.
930.204 Promotion.
930.205 Reassignment.
930.206 Transfer.
930.207 Reinstatement.
930.208 Restoration.
930.209 Detail and assignment to other duties.
930.210 Pay.
930.211 Performance rating.
930.212 Rotation of administrative law judges.
930.213 Use of administrative law judges on detail from other
agencies.
930.214 Actions against administrative law judges.
930.215 Reduction in force.
930.216 Temporary reemployment: senior administrative law
judges.
Authority: 5 U.S.C. 1104(a)(2), 1305, 3105, 3323(b), 3344, 4301(2)(D), 5372, 7521.
Source 52 FR 34203, Sept. 10, 1987, unless otherwise noted.
§ 930.201 Coverage.
(a) This subpart applies to people 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.
(b) Except as otherwise provided in this subpart, the rules and
regulations applicable to positions in the competitive service apply to
administrative law judge positions.
(c) In accordance with 5 U.S.C. 1104(a)(2), OPM shall conduct
competitive examinations for administrative law judge positions, and
agencies employing judges shall reimburse OPM for the cost of developing
and administering such examinations. Each employing agency's share of
reimbursement shall be based on its relative number of administrative
law judges as of March 31 of the preceding fiscal year. OPM will work
with employing agencies to review the examination program for
effectiveness and efficiency and identify needed improvements,
consistent with statutory requirements. Subsequently, OPM will annually
compute the cost of the examination program and notify each agency of
its share, along with a full accounting of the costs, and payment
procedures.
[52 FR 34203, Sept. 10, 1987, as amended at 61 FR 39267, July 29, 1996]
§ 930.202 Definitions.
In this subpart--
(a) Agency has the same meaning as given in 5 U.S.C. 551.
(b) Detail means the temporary assignment of an employee
from one
position to another position without change in civil service or pay
status. The assignment to an administrative law judge of a case of the
level of difficulty that would ordinarily be assigned to an
administrative law judge of a different grade does not of itself
constitute a detail within the meaning of this subpart.
(c) Administrative law judge position means a position in
which any
portion of the duties includes those which require the appointment of an
administrative law judge under 5 U.S.C. 3105.
(d) Promotion means a change from a lower to a higher level
position.
(e) Reinstatement means reemployment authorized on the
basis of the
appointee's absolute status as administrative law judge after an earlier
separation from an administrative law judge position.
(f) Removal means discharge of an administrative law judge
from the
position of administrative law judge or involuntary reassignment,
demotion, or promotion to a position other than that of administrative
law judge.
[52 FR 34203, Sept. 10, 1987, as amended at 56 FR 6209, Feb. 14, 1991]
§ 930.203 Examination.
(a) Periodic open competition. Applicants for entrance into
the
competitive service as administrative law judges will be examined
periodically in open competition as announced by OPM. Applications
received by OPM during such periods of open competition will be reviewed
as a group.
(b) Minimum qualifications. All applicants must demonstrate
in their
written applications and supporting materials that they meet the
qualifying experience requirements in OPM Examination Announcement No.
318.
(c) Supplemental qualifications. Applicants who meet
minimum
qualification requirements will be assigned a score on the supplemental
qualifications statement described in the examination announcement.
(d) Participation in examination procedures. Applicants who
meet
minimum qualification requirements and are assigned a score on the
supplemental qualifications statement become eligible to compete for a
final rating through participating in three additional examination
procedures described in the examination announcement:
(1) A written demonstration;
(2) A panel interview; and
(3) A personal reference inquiry.
(e) Final rating. Applicants who complete the examination
procedures
described in paragraphs (c) and (d) of this section will be assigned a
final numerical rating based on a weighted sum of the scores for each of
the four parts, transmuted to a scale of 0 to 100, with 70 required to
pass. For applicants entitled thereto, the final passing score will be
augmented by 5 or 10 veteran preference points.
(f) Preparation of certificates. As agencies request
certificates of
applicants from registers to consider in filling vacant administrative
law judge positions in various geographic areas, all applicants who are
eligible and available for those positions will be ranked to identify
the best qualified applicants to be certified. Eligible applicants who
have completed the final rating process will be ranked on the basis of
assigned final ratings, augmented by veteran preference points if
applicable. At least three eligible applicants will be certified to the
employing agency for consideration for each vacancy.
(g) Appeal of rating. Applicants who obtain an ineligible
rating or
applicants who are dissatisfied with their final rating may appeal the
rating to the Administrative Law Judge Rating Appeals Panel, Office of
Personnel Management, Washington, DC 20415, within 30 days after the
date of final action by the Office of Administrative Law Judges or such
later time as may be allowed by the Panel.
[56 FR 6209, Feb. 14, 1991]
§ 930.203A Appointment.
(a) Prior approval. An agency may make an appointment to
an
administrative law judge position only with the prior approval of OPM,
except when it makes its selection from a certificate of eligibles
furnished by OPM. When requesting OPM approval of an appointment to an
administrative law judge position or the issuance of a certificate of
eligibles, the requesting agency must demonstrate that its hearing
workload requires the appointment of an additional administrative law
judge(s) to get necessary work done. An appointment is subject to
investigation in accordance with Secs. 731.201 through 731.303 of this
chapter and subject to security clearance by the agency.
(b) Probationary and career-conditional periods. The
requirement of
a probationary and career-conditional period before absolute appointment
does not apply to an appointment to an administrative law judge
position.
(c) Appointment of incumbents of newly classified administrative
law
judge positions. An agency may appoint as an administrative law judge an
employee who is serving in a position which is classified as an
administrative law judge position on the basis of legislation, Executive
order, or decision of a court, if--
(1) The employee has a competitive status or was serving in an
excepted position under a permanent appointment;
(2) The employee was serving in the position on the date of the
legislation, Executive order, or decision of the court, on which the classification of the position is
based;
(3) OPM receives a recommendation for the employee's appointment
from the agency concerned not later than 6 months after classification
of the position on the basis of the legislation, Executive order, or
decision of the court; and
(4) OPM finds that the employee meets the current examination
requirements for the position under OPM Examination Announcement No.
318. In an emergency situation, when the needs of an agency require it,
OPM may authorize the conditional appointment of an employee to an
administrative law judge position pending final decision on the
employee's eligibility for absolute appointment under this paragraph.
(d) Appointment of legislative and judicial employees. An
agency may
appoint a former employee of the legislative or judicial branch to an
administrative law judge position if OPM finds that the employee meets
current examination requirements under OPM Examination Announcement No.
318 and is otherwise eligible under the provisions of 5 U.S.C. 3304(c).
(e) Appointment of incumbents of nonadministrative law judge
positions. Except as provided in paragraphs (c) and (d) of this section,
an agency may not appoint an employee who is serving in a position other
than an administrative law judge position to an administrative law judge
position other than by selection from a certificate of eligibles
furnished by OPM from the open competitive register.
§ 930.203B Title of administrative law judge.
The title "administrative law judge'' is the official class title
for an administrative law judge position. Each agency will use only this
official class title for personnel, budget, and fiscal purposes.
§ 930.204 Promotion.
(a) When OPM places an occupied administrative law judge position
at
a higher level, OPM will direct the promotion of the incumbent
administrative law judge. The promotion will be effective on the date
named by OPM.
(b) When OPM places one of an agency's administrative law judge
positions at a higher level on the basis of the position's managerial
and administrative nature, an agency may promote one of its
administrative law judges to such a position, provided the selection
and/or promotion is in accordance with regular civil service procedures.
[56 FR 6209, Feb. 14, 1991]
§ 930.205 Reassignment.
An agency may reassign an administrative law judge who is serving
under absolute appointment from one administrative law judge position to
another administrative law judge position at the same grade in the same
agency, with the prior approval of OPM on a noncompetitive basis,
provided the assignment is for bona fide management reasons and in
accordance with regular civil service procedures and merit system
principles.
§ 930.206 Transfer.
(a) An agency may transfer an administrative law judge from another
agency with the prior approval of OPM on a noncompetitive basis in
accordance with regular civil service procedures, provided the
administrative law judge meets all current examination requirements for
appointment as an administrative law judge under OPM Examination
Announcement No. 318.
(b) An agency may not transfer a person from one administrative law
judge position to another administrative law judge position under
paragraph (a) of this section sooner than 1 year after the person's last
appointment, unless the gaining and losing agencies agree to the
transfer.
[56 FR 6209, Feb. 14, 1991]
§ 930.207 Reinstatement.
An agency may reinstate former administrative law judges who have
served with absolute status under 5 U.S.C. 3105 only after they have
established their eligibility in accordance with all current examination
requirements of OPM Examination Announcement No. 318. Reinstatement is
subject to investigation by, and the prior approval of, OPM.
[56 FR 6209, Feb. 14, 1991]
§ 930.208 Restoration.
Parts 352 and 353 of this chapter governing reemployment rights and
restoration to duty after military service or recovery from compensable
injury, also apply to reemployment and restoration to administrative law
judge positions.
§ 930.209 Detail and assignment to other duties.
(a) An agency may not detail an employee who is not an
administrative law judge to an administrative law judge position.
(b) An agency may assign an administrative law judge (by detail or
otherwise) to perform duties that are not the duties of an
administrative law judge without prior approval of OPM only when--
(1) The other duties are not inconsistent with the duties and
responsibilities of an administrative law judge;
(2) The assignment is to last no longer than 120 days; and
(3) The administrative law judge has not had an aggregate of more
than 120 days of those assignments or details within the preceding 12
months.
(c) On a showing by an agency that it is in the public interest to
do so, OPM may authorize a waiver of paragraphs (b) (2) and (3) of this
section.
(d) An agency may detail an administrative law judge from one
administrative law judge position to another in the same agency, without
the prior approval of OPM, provided the detail is in accordance with
regular civil service procedures.
§ 930.210 Pay.
(a) OPM will place each administrative law judge position in one of
the three grades or levels of basic pay, AL-3, AL-2 or AL-1, of the
Administrative Law Pay System established for such positions under 5
U.S.C. 5372 in accordance with the regulations and procedures in this
section. AL-3 will have six rates of basic pay, A, B, C, D, E, and F,
ranging respectively in 5 percent intervals from 65 percent of level IV
of the Executive Schedule (EX-IV) to 90 percent of EX-IV. AL-2 will have
one rate of basic pay equal to 95 percent of EX-IV. AL-1 will have one
rate of basic pay equal to 100 percent of EX-IV.
(b) An agency may not grant a monetary and honorary award under 5
U.S.C. 4503 for superior accomplishment by an administrative law judge
in the performance of adjudicatory functions.
(c) AL-3 is the basic pay level for administrative law judge
positions filled through competitive examination under OPM Examination
Announcement No. 318, as provided in section 930.203 of this part.
(d) Subject to the approval of OPM, agencies may establish
administrative law judge positions at pay levels AL-2 and AL-1.
Administrative law judge positions may be placed at such levels when
they involve significant administrative and managerial responsibilities.
(e) Judges must serve at least 1 year in each AL level, in an
equivalent or higher level in positions in the Federal service, before
advancing to the next higher level and may advance only one level at a
time.
(f) Except as provided in paragraph (g) of this section, upon
appointment to an administrative law judge position placed in AL-3, an
administrative law judge shall be paid at the minimum rate A of AL-3,
and shall be automatically advanced successively to rates B, C, and D of
that level upon completion of 52 weeks of service in the next lower
rate, and to rates E and F of that level upon completion of 104 weeks of
service in the next lower rate. Time in a nonpay status is generally
creditable service in the computation of a waiting period only in so far
as it does not exceed 2 weeks per year for each 52 weeks of service.
However, time in a nonpay status is also fully creditable if absence is
due to military service, as defined in 5 U.S.C. 8331(13), or due to
receipt of injury compensation under chapter 81 of title 5, United
States Code.
(g) Upon appointment to a position at AL-3, an administrative law
judge will be paid at the minimum rate A, unless the administrative law
judge is eligible for a higher rate B, C, D, E, or F because of prior
service or superior qualifications, as follows--
(1) An agency may offer an administrative law judge applicant with
prior Federal service a higher than minimum rate, without obtaining the
prior approval of OPM in order to pay the rate that is next above the applicant's highest previous
Federal rate of pay, up to the maximum rate F.
(2) An agency may offer an administrative law judge applicant with
superior qualifications a higher than minimum rate if it first obtains
approval from OPM to offer such a higher rate to an applicant who is
within reach on a certificate of eligible administrative law judge
applicants in order to pay that rate of pay that is next above the
applicant's existing pay or earnings up to the maximum rate F.
"Superior qualifications'' for applicants includes having legal
practice before the hiring agency, having practice in another forum with
legal issues of concern to the hiring agency, or having an outstanding
reputation among others in the field. OPM will approve such payment of
higher than minimum rates for applicants with superior qualifications
only when it is clearly necessary to meet the needs of the Government.
(h) Subject to the approval of OPM, and on the appropriate
recommendation of the employing agency, an agency may on a one-time
basis, advance an administrative law judge in a position at AL-3 with
added administrative and managerial duties and responsibilities one rate
beyond that allowed under current pay rates for AL-3, up to the maximum
Rate F.
(i) Upon appointment to an administrative law judge position placed
at AL-2 or AL-1, administrative law judges will be paid at the
established rates for those levels.
(j) In making initial pay adjustments for administrative law judges
from positions paid under the General Schedule to positions paid under
the new pay system established under 5 U.S.C. 5372, the rate of basic
pay for any such judge shall, upon conversion to the new pay system, be
at least equal to the rate that was payable to that individual
immediately before such conversion.
(k) Except as provided in paragraph (l) of this section, on the
first day of the first applicable pay period beginning on or after February 10, 1991,
administrative law judges will be converted from the General Schedule to AL-3, 2, and 1 as
follows:
(l) In making the initial conversion from the General Schedule pay
rates to the new AL pay system for administrative law judges, effective
on the first day of the first applicable pay period beginning on or
after February 10, 1991, those GS-15 and GS-16 administrative law judges
receiving the 8 percent interim geographic adjustments authorized by
Schedule 9 of Executive Order 12736 of December 12, 1990, will convert
as follows:
(m) Agencies must document all pay changes made in accordance with
this section by completing a Standard Form 50, or equivalent, in the
usual manner and forwarding an extra copy directly to the Office of
Administrative Law Judges, Career Entry Group, U.S. Office of Personnel
Management, 1900 E Street, NW., Washington, DC 20415.
[56 FR 6210, Feb. 14, 1991, as amended at 57 FR 1369, Jan. 14, 1992]
§ 930.211 Performance rating.
An agency shall not rate the performance of an administrative law
judge.
§ 930.212 Rotation of administrative law judges.
Insofar as practicable, an agency shall assign its administrative
law judges in rotation to cases.
§ 930.213 Use of administrative law judges on detail from
other agencies.
(a) An agency that is occasionally or temporarily insufficiently
staffed with administrative law judges may ask OPM to provide for the
temporary use by the agency of the services of an administrative law
judge of another agency. The agency request should--
(1) Identify and describe briefly the nature of the case(s) to be
heard (including parties and representatives when available);
(2) Specify the legal authority under which the use of an
administrative law judge is required; and
(3) Demonstrate that the agency has no administrative law judge
available to hear the case(s).
(b) OPM, with the consent of the agency in which an administrative
law judge is employed, will select the administrative law judge to be
used, and will name the date or period for which the administrative law
judge is to be made available for detail to the agency in need of his or
her services.
(c) Such details generally will be reimbursable by the agency
requesting the detail.
§ 930.214 Actions against administrative law judges.
(a) Procedures. An agency may remove, suspend, reduce in
grade,
reduce in pay, or furlough for 30 days or less, an administrative law
judge only for good cause, established and determined by the Merit
Systems Protection Board on the record and after opportunity for a
hearing before the Board as provided in 5 U.S.C. 7521 and Secs. 1201.131
through 1201.136 of this title. Procedures for adverse actions by
agencies under part 752 of this chapter are not applicable to actions
against administrative law judges.
(b) Status during removal proceedings. In exceptional cases
when
there are circumstances by reason of which the retention of an
administrative law judge in his or her position, pending adjudication of
the existence of good cause for his or her removal, would be detrimental
to the interests of the Government, the agency may either:
(1) Assign the administrative law judge to duties not inconsistent
with his or her normal duties in which these conditions would not exist;
(2) Place the administrative law judge on leave with his or her
consent;
(3) Carry the administrative law judge on appropriate leave (annual
or sick leave, leave without pay, or absence without leave) if he or she
is voluntarily absent for reasons not originating with the agency; or
(4) If none of the alternatives in paragraphs (b) (1), (2) and (3)
of this section is available, agencies may consider placing the
administrative law judge in a paid, non-duty or administrative leave
status.
(c) Exceptions from procedures. The procedures in this
subpart
governing the removal, suspension, reduction in grade, reduction in pay,
or furlough of 30 days or less of administrative law judges do not apply
in making dismissals or taking other actions requested by OPM under
Secs. 5.2 and 5.3 of this chapter; nor to dismissals or other actions
made by agencies in the interest of national security under 5 U.S.C.
7532; nor to reduction-in-force action taken by agencies under 5 U.S.C.
3502; nor any action initiated by the Special Counsel of the Merit
Systems Protection Board under 5 U.S.C. 1206.
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General schedule AL
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GS-15, Steps 1-2-3-4...................... AL-3, Rate A.
GS-15, Steps 5-6.......................... AL-3, Rate B.
GS-15, Steps 7-8-9........................ AL-3, Rate C.
GS-15, Step 10............................ AL-3, Rate D.
GS-16, Steps 1-2-3........................ AL-3, Rate C.
GS-16, Steps 4-5-6........................ AL-3, Rate D.
GS-16, Steps 7-8.......................... AL-3, Rate E.
GS-16, Step 9............................. AL-3, Rate F.
GS-17, Steps 1-5.......................... AL-2.
GS-18..................................... AL-1.
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General schedule AL
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GS-15, Steps 1-2.......................... AL-3, Rate A.
GS-15, Steps 3-4-5........................ AL-3, Rate B.
GS-15, Steps 6-7.......................... AL-3, Rate C.
GS-15, Steps 8-9-10....................... AL-3, Rate D.
GS-16, Steps 1-2.......................... AL-3, Rate C.
GS-16, Steps 3-4.......................... AL-3, Rate D.
GS-16, Steps 5-6-7........................ AL-3, Rate E.
GS-16, Steps 8-9.......................... AL-3, Rate F.
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