[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR930.201]

[Page 598-599]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 930_PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)--
 
               Subpart B_Administrative Law Judge Program
 
Sec.  930.201  Coverage.

    Authority: 5 U.S.C. 1104(a), 1302(a), 1305, 3105, 3301, 3304, 
3323(b), 3344, 4301(2)(D), 5372, 7521, and E.O. 10577, 3 CFR, 1954-1958 
Comp., p. 219.

    Source: 72 FR 12954, Mar. 20, 2007, unless otherwise noted.


    (a) This subpart applies to individuals 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) Administrative law judge positions are in the competitive 
service. Except as otherwise stated in this subpart, the rules and 
regulations applicable to positions in the competitive service apply to 
administrative law judge positions.
    (c) The title ``administrative law judge'' is the official title for 
an administrative law judge position. Each agency must use only this 
title for personnel, budget, and fiscal purposes.

[[Page 599]]

    (d) The Director of OPM, or designee, shall prescribe the 
examination methodology in the design of each administrative law judge 
examination.
    (e) OPM does not hire administrative law judges for other agencies 
but has the authority to:
    (1) Recruit and examine applicants for administrative law judge 
positions, including developing and administering the administrative law 
judge examinations under 5 U.S.C. 3301, 3304, 1104(a), and 1302, and 
Executive Order 10577, as amended, except OPM is not required to use the 
examination scoring process in 5 CFR 337.101(a);
    (2) Assure that decisions concerning the appointment, pay, and 
tenure of administrative law judges in Federal agencies are consistent 
with applicable laws and regulations;
    (3) Establish classification and qualification standards for 
administrative law judge positions;
    (4) Approve noncompetitive personnel actions for administrative law 
judges, including but not limited to promotions, transfers, 
reinstatements, restorations, and reassignments;
    (5) Approve personnel actions related to pay for administrative law 
judges under Sec.  930.205(c), (f)(2), (g), and (j);
    (6) Approve an intra-agency detail or assignment of an 
administrative law judge to a non-administrative law judge position that 
lasts more than 120 days or when an administrative law judge cumulates a 
total of more than 120 days for more than one detail or assignment 
within the preceding 12 months;
    (7) Arrange the temporary detail (loan) of an administrative law 
judge from one agency to another under the provisions of the 
administrative law judge loan program in Sec.  930.208;
    (8) Arrange temporary reemployment of retired administrative law 
judges to meet changing agency workloads under the provisions of the 
Senior Administrative Law Judge Program in Sec.  930.209;
    (9) Maintain and administer the administrative law judge priority 
referral program under Sec.  930.210(c);
    (10) Promulgate regulations for purposes of sections 3105, 3344, 
4301(2)(D) and 5372 of title 5, U.S.C.; and
    (11) Ensure the independence of the administrative law judge.
    (f) An agency employing administrative law judges under 5 U.S.C. 
3105 has:
    (1) The authority to appoint as many administrative law judges as 
necessary for proceedings conducted under 5 U.S.C. 556 and 557;
    (2) The authority to assign an administrative law judge to cases in 
rotation so far as is practicable;
    (3) The responsibility to ensure the independence of the 
administrative law judge; and
    (4) The responsibility to obtain OPM's approval before taking any of 
the personnel actions described in paragraphs (e)(4) through (8) of this 
section.