[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR930.214]

[Page 505]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 930--PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)--Table of Contents
 
  Subpart B--Appointment, Pay, and Removal of Administrative Law Judges
 
Sec. 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.