[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: 5CFR930.215]

[Page 505-506]
 
                    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. 930.215  Reduction in force.

    (a) Retention preference regulations. Except as modified by this 
section, the reduction-in-force regulations in part 351 of this chapter 
apply to reductions in force of administrative law judges.
    (b) Determination of retention standing. In determining retention 
standing in a reduction in force, each agency will classify its 
administrative law judges in groups and subgroups according to tenure of 
employment, veteran preference, and service date in the manner 
prescribed in part 351 of this chapter. However, as administrative law 
judges are not given performance ratings, the provisions in part 351 of 
this chapter referring to the effect of performance ratings on retention 
standing are not

[[Page 506]]

applicable to administrative law judges.
    (c) Placement Assistance. (1) Administrative law judges who are 
reached by an agency reduction in force and who are notified they are to 
be separated are eligible for placement assistance under--
    (i) Agency reemployment priority lists established and maintained by 
agencies under subpart J of part 351 of this chapter for all agency 
tenure group I career employees displaced in a reduction in force;
    (ii) Agency and OPM priority placement programs under subpart C of 
part 330 of this chapter for all agency tenure group I, career employees 
displaced in a reduction in force.
    (2) On request of administrative law judges who are reached by an 
agency in a reduction in force and who are notified they are to be 
separated, furloughed for more than 30 days, or demoted, OPM will place 
their names on OPM's priority referral list for administrative law 
judges displaced in a reduction in force for the grade or level in which 
they last served and for all lower grades or levels.
    (3) An administrative law judge may file a request under paragraph 
(c)(2) of this section, for placement on the OPM priority referral list, 
at any time after the receipt of the specific reduction-in-force notice, 
but not later than 90 days after the date of separation, furlough for 
more than 30 days, or demotion. Placement assistance through the OPM 
priority referral list continues for 2 years from either the effective 
date of the reduction-in-force action, or the date assistance is 
requested if a timely request is made. Eligibility of the displaced 
administrative law judge for the OPM priority referral list is 
terminated earlier upon the administrative law judge's written request, 
acceptance of a non-temporary, full-time administrative law judge 
position, or declination of more than one offer of full-time employment 
as an administrative law judge at or above the grade level held when 
reached for reduction in force at geographic locations previously 
indicated as acceptable.
    (4) The displaced administrative law judge will file with the 
request for priority referral by OPM a Standard Form 171, Application 
for Federal Employment, and a copy of the reduction-in-force notice. 
Also, the displaced administrative law judge may ask OPM to limit 
consideration for vacant positions at any grade level for which 
qualified to specific geographic areas.
    (5) When there is no administrative law judge on the agency's 
reemployment priority list, but there is an administrative law judge who 
has been placed on the OPM priority referral list (paragraph (c)(2) of 
this section), the agency may fill a vacant administrative law judge 
position only by selection from the OPM priority referral list, unless 
it obtains the prior approval of OPM for filling the vacant position 
under Sec. 930.203a (a), (c), (d) and (e); Sec. 930.204; Sec. 930.205, 
Sec. 930.206; or Sec. 930.207 of this subpart. OPM will grant such 
approval only under the extraordinary circumstance that the candidate(s) 
not on the OPM priority referral list possesses experience and 
qualifications superior to the displaced administrative law judge(s) on 
the list.
    (6) Referral, certification, and selection of administrative law 
judges from OPM's priority referral list are made without regard to 
selective certification or special qualification procedures which may 
have been applied in the original appointment in accordance with OPM 
Examination Announcement No. 318.

[52 FR 32403, Sept. 10, 1987, as amended at 56 FR 6210, Feb. 14, 1991]