[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: 5CFR930.211]

[Page 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.  930.211  Actions against administrative law judges.

    (a) Procedures. An agency may remove, suspend, reduce in level, 
reduce in pay, or furlough for 30 days or less an administrative law 
judge only for good cause established and determined by the Merit 
Systems Protection Board on the record and after opportunity for a 
hearing before the Board as prescribed in 5 U.S.C. 7521 and 5 CFR part 
1201. Procedures for adverse actions by agencies under part 752 of this 
chapter do not apply to actions against administrative law judges.
    (b) Status during removal proceedings. In exceptional cases when 
there are circumstances in which the retention of an administrative law 
judge in his or her position, pending adjudication of the existence of 
good cause for his or her removal, is detrimental to the interests of 
the Federal Government, the agency may:
    (1) Assign the administrative law judge to duties consistent with 
his or her normal duties in which these circumstances would not exist;
    (2) Place the administrative law judge on leave with his or her 
consent;
    (3) Carry the administrative law judge on annual leave, sick leave, 
leave without pay, or absence without leave, as appropriate, if he or 
she is voluntarily absent for reasons not originating with the agency; 
or
    (4) If the alternatives in paragraphs (b)(1) through (b)(3) of this 
section are not available, the agency may consider placing the 
administrative law judge in a paid non-duty or administrative leave 
status.
    (c) Exceptions from procedures. The procedures in paragraphs (a) and 
(b) of this section do not apply:
    (1) In making dismissals or taking other actions under 5 CFR part 
731;
    (2) In making dismissals or other actions made by agencies in the 
interest of national security under 5 U.S.C. 7532;
    (3) To reduction in force actions taken by agencies under 5 U.S.C. 
3502; or
    (4) In any action initiated by the Office of Special Counsel under 5 
U.S.C. 1215.