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OPM RIN: 3206-AN72 Publication ID: Fall 2018 
Title: ●Administrative Law Judges 
Abstract:

The U.S. Office of Personnel Management (OPM) is issuing interim regulations governing the appointment and employment of Administrative Law Judges (ALJ). This rule will implement changes to the appointment and employment of ALJs as required by Executive Order 13843.

 
Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 5 CFR 212    5 CFR 213    5 CFR 300    5 CFR 302    5 CFR 930   
Legal Authority: 5 U.S.C. 3301    5 U.S.C. 3302    EO 13843   
Legal Deadline:  None

Statement of Need:

The purpose of the interim rule is to implement changes to the appointment and employment ALJs, which places new appointments to ALJ positions in the excepted service and keeps incumbent ALJs hired on or before July 10, 2018 in the competitive service.  The interim rule will revise OPM regulations on the appointment and employment of ALJs accordingly.

Summary of the Legal Basis:

Executive Order 13843, signed on July 10, 2018, directs ALJ positions appointed under 5 U.S.C. 3105 be in the excepted service under Schedule E.  Individuals appointed to ALJ positions prior to July 10, 2018, remain in the competitive service as long as they remain in their current positions.

Alternatives:

N/A

Anticipated Costs and Benefits:

None.

Risks:

None.

Timetable:
Action Date FR Cite
Interim Final Rule  11/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Katika Floyd
Employee Services
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-0960
Email: employ@opm.gov