[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: 5CFR930.204]

[Page 600]
 
                    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.  930.204  Appointments and conditions of employment.

    (a) Appointment. An agency may appoint an individual to an 
administrative law judge position only with prior approval of OPM, 
except when it makes its selection from the list of eligibles provided 
by OPM. An administrative law judge receives a career appointment and is 
exempt from the probationary period requirements under part 315 of this 
chapter. An administrative law judge appointment is subject to 
investigation, and an administrative law judge is subject to the 
suitability requirements in part 731 of this chapter.
    (b) Licensure. At the time of application and any new appointment 
and while serving as an administrative law judge, the individual must 
possess a professional license to practice law and be authorized to 
practice law under the laws of a State, the District of Columbia, the 
Commonwealth of Puerto Rico, or any territorial court established under 
the United States Constitution. Judicial status is acceptable in lieu of 
``active'' status in States that prohibit sitting judges from 
maintaining ``active'' status to practice law. Being in ``good 
standing'' is also acceptable in lieu of ``active'' status in States 
where the licensing authority considers ``good standing'' as having a 
current license to practice law.
    (c) Appointment of incumbents of newly classified administrative law 
judge positions. An agency may give an incumbent employee an 
administrative law judge career appointment if that employee is serving 
in the position when it is classified as an administrative law judge 
position on the basis of legislation, Executive order, or a decision of 
a court and if:
    (1) The employee has competitive status or is serving in an excepted 
position under a permanent appointment;
    (2) The employee is serving in an administrative law judge position 
on the day the legislation, Executive order, or decision of the court on 
which the classification of the position is based becomes effective;
    (3) OPM receives a recommendation for the employee's appointment 
from the agency concerned; and
    (4) OPM determines the employee meets the qualification requirements 
and has passed the current examination for an administrative law judge 
position.
    (d) Appointment of an employee from a non-administrative law judge 
position. Except as provided in paragraphs (a) and (c) 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.
    (e) Promotion. (1) Except as otherwise stated in this paragraph, 5 
CFR part 335 applies in the promotion of administrative law judges.
    (2) To reclassify an administrative law judge position at a higher 
level, the agency must submit a request to OPM. When OPM approves the 
higher level classification, OPM will direct the promotion of the 
administrative law judge occupying the position prior to the 
reclassification.
    (f) Reassignment. Prior to OPM's approval, the agency must provide a 
bona fide management reason for the reassignment.
    (g) Reinstatement. An agency may reinstate a former administrative 
law judge who served under 5 U.S.C. 3105, passed an OPM administrative 
law judge competitive examination, and meets the professional license 
requirement in paragraph (b) of this section.
    (h) Transfer. An agency may not transfer an individual from one 
administrative law judge position to another administrative law judge 
position within 1 year after the individual's last appointment, unless 
the gaining and losing agencies agree to the transfer.
    (i) Conformity. Actions under this section must be consistent with 
Sec.  930.201(f).

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