[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: 5CFR930.210]

[Page 603-604]
 
                    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.  930.210  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 administrative law judges.
    (b) Determination of retention standing. In determining retention 
standing in a reduction in force, each agency lists its administrative 
law judges by group and subgroup according to tenure of employment, 
veterans' preference, and service date as outlined in part 351 of this 
chapter. Because administrative law judges are not given performance 
ratings (see Sec.  930.206), the provisions in part 351 of this chapter 
referring to the effect of performance ratings on retention standing are 
not applicable to administrative law judges.
    (c) Placement assistance. (1) An administrative law judge who is 
reached in an agency's reduction in force and receives a notification of 
separation is eligible for placement assistance under the agency's 
reemployment priority list established and maintained in accordance with 
subpart B of part 330 of this chapter.
    (2) An administrative law judge who is reached by an agency in a 
reduction in force and who is notified of being separated, furloughed 
for more than 30 days, or demoted, is entitled to have his or her name 
placed on OPM's administrative law judge priority referral list for the 
level in which last served and for all lower levels.
    (i) To have his or her name placed on the OPM priority referral 
list, a displaced administrative law judge must provide OPM with a 
request for priority referral placement, a resume or

[[Page 604]]

equivalent, a list of acceptable geographical locations, and a copy of 
the reduction in force notice 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.
    (ii) Eligibility on the OPM priority referral list expires 2 years 
after the effective date of the reduction in force action.
    (iii) Referral and selection of administrative law judges are made 
without regard to selective certification or special qualification 
procedures.
    (iv) Termination of eligibility on the OPM priority referral list 
takes place when an administrative law judge submits a written request 
to terminate eligibility, accepts a permanent full-time administrative 
law judge position, or declines one full-time employment offer as an 
administrative law judge at or above the level held when reached for 
reduction in force at geographic locations indicated as acceptable under 
paragraph (c)(2)(i) of this section.
    (3) When there is no administrative law judge available on the 
agency's reemployment priority list, an agency may fill a vacant 
administrative law judge position only from OPM's priority referral 
list, unless the agency obtains prior approval from OPM to fill the 
vacant position through competitive examining, promotion, transfer, 
reassignment, or reinstatement procedures. OPM will grant such approvals 
only under extraordinary circumstances. The agency must demonstrate that 
the potential administrative law judge candidate possesses experience 
and qualifications superior to any available displaced administrative 
law judge on OPM's priority referral list.