[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR930.203a]

[Page 571-572]
 
                    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. 930.203a  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 Sec. Sec. 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

[[Page 572]]

    (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.