suspension, reduction in grade, reduction in pay, and a furlough of 30 days or less from the position of administrative law judge and demotion, reassignment, and promotion to a position other than that of administrative law judge.

(5 U.S.C. 7701, et seq.)

[33 FR 12519, Sept. 4, 1968, as amended at 44 FR 48955, Aug. 21, 1979]

§ 930.203 Appointment.

(a) Eligible rating. An applicant for an administrative law judge position who meets the minimum entrance requirements for entrance to the examination and attains a numerical rating determined by OPM as sufficient to produce an adequate register is eligible for appointment.

(b) Prior approval. An agency may make an appointment to an administrative law judge position only with the prior approval of OPM, except when it makes its selection from a certificate of eligibles furnished by OPM. An appointment is subject to investigation in accordance with §§ 731.201 through 731.303 of this chapter and subject to security clearance by the agency.

(c) Probationary and career-conditional periods. The requirement of a probationary and career-conditional period before absolute appointment does not apply to an appointment to an administrative law judge position.

(d) Appointment of incumbents of newly classified administrative law judge positions. An agency may appoint as an administrative law judge an employee who is serving in a position which is classified as an administrative law judge position on the basis of legislation, Executive order, or decision of a court if:

(1) He has a competitive status or was serving in an excepted position under a permanent appointment;

(2) He was serving in the position on the date of the legislation, Executive order, or decision of the court on which the classification of the position is based;

(3) OPM receives a recommendation for his appointment from the agency concerned not later than 6 months after classification of the position on

the basis of the legislation, Executive order, or decision of the court; and

(4) OPM approves his qualifications for the position. In an emergency situation, when the needs of the service require it, OPM may authorize the conditional appointment of an employee to an administrative law judge position pending final decision on his eligibility for absolute appointment under this paragraph.

(e) Appointment of legislative and judicial employees. An agency may appoint a former employee of the legislative or judicial branch to an administrative law judge position if he passes such suitable noncompetitive examination as OPM prescribes and is otherwise eligible under the provisions of section 3304(c) of title 5, United States Code.

(f) Appointment of incumbents of nonadministrative law judge positions. Except as provided in paragraphs (c) and (d) 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, except by selection from a certificate of eligibles furnished by OPM from the open competitive register.

[33 FR 12519, Sept. 4, 1968; 34 FR 1551, Jan. 31. 1969]

§ 930.205 Reassignment.

An agency may reassign an administrative law judge who is serving under absolute appointment from one administrative law judge position to another administrative law judge position with the prior approval of OPM on a noncompetitive basis in accordance with regular civil service procedures.

§ 930.206 Transfer.

(a) With the prior approval of OPM, an agency may transfer an administrative law judge with a promotion only after he has established his eligibility at the higher grade in accordance with all current examination requirements.

(b) An agency may transfer an administrative law judge from one administrative law judge position to another administrative law judge position, when this does not involve a promotion, with the prior approval of OPM on a noncompetitive basis in accordance with regular civil service procedures.

(c) An agency may not transfer a person from one administrative law judge position to another administrative law judge position under paragraph (a) or (b) of this section sooner than one year after the person's last nontemporary competitive appoint

ment.

[33 FR 12519, Sept. 4, 1968, as amended at 41 FR 2074, Jan. 14, 1976)

§ 930.207 Reinstatement.

(a) Except as provided in paragraph (b) of this section, an agency may reinstate a person who has served with absolute status as an administrative law judge under section 3105 of title 5, United States Code, only after:

(1) He/she has established his/her eligibility at the grade to which he/ she is to be reinstated in accordance with requirements of Office of Personnel Management Announcement No. 318, or any revision or successor thereto, and

(2) He/she demonstrates that his/ her experience satisfies all current qualifications requirements. Reinstatement is subject to investigation by, and the prior approval of, the Office of Personnel Management.

(b) Any person who is or has been appointed directly from an administrative law judge position to the position of Director, Office of Administrative Law Judges, may at any time be reinstated to an administrative law judge position without regard to requirements set out in paragraph (a) of this section.

[45 FR 81030, Dec. 9, 1980]

EFFECTIVE DATE NOTE: At 45 FR 81030, Dec. 9, 1980, § 930.207 was revised, effective Jan. 8, 1981. For the convenience of the user, the superseded text is set forth as follows:

(a) Except as provided in paragraph (b) of this section, an agency may reinstate a person who has reinstatement status and who has served with absolute status as an administrative law judge under section 3105 of title 5, United States Code, only after (1) he has established his eligibility at the grade to which he is to be reinstated in accordance with all current examination requirements, and (2) he demonstrates that his experience satisfies all current qualification requirements. Reinstatement is subject to investigation by, and the prior approval of, OPM.

(b) A person whose reinstatement is proposed need only demonstrate that his experience satisfies all current qualification requirements if (1) he left his former administrative law judge position for a Government position of equal or superior rank, and (2) he is being reinstated by the agency on whose rolls he formerly served as an administrative law judge.

(1) The other duties are not inconsistent with the duties and responsibilities of an administrative law judge;

(2) The assignment is to last no longer than 120 days; and

(3) The administrative law judge has not had an aggregate of more than 120 days of those assignments within the preceding 12 months.

(c) On a showing by an agency that it is in the public interest to do so, OPM may authorize a waiver of paragraphs (b)(2) and (3) of this section.

§ 930.210 Pay.

(a) OPM shall classify administrative law judge positions in accordance with the regulations and procedures adopted by OPM for classifications under chapter 51 of title 5, United States Code. OPM shall make these classifications independently of agency recommendations and ratings. (b) An administrative law judge is entitled to within-grade increases in accordance with Part 531 of this chapter, except that the requirement that his work be of an acceptable level of competence as determined by the head of his agency does not apply.

(c) An agency shall not grant a quality increase under section 5336(a) of title 5, U.S.C., or a monetary or honorary award under section 4503 of title 5, U.S.C., for superior accomplishment by an Administrative Law Judge in the performance of adjudicatory functions.

(d) Upon appointment, an administrative law judge shall be paid at the minimum rate of the grade approved by OPM unless he is eligible for a higher rate because of prior service. [33 FR 12519, Sept. 4, 1968, as amended at 43 FR 43013, Sept. 22, 1978]

§ 930.211 Performance rating.

An agency shall not rate the performance of an administrative law judge.

§ 930.212 Rotation of judges.

Insofar as practicable, an agency shall assign its administrative law judges in rotation to cases.

§ 930.213 Use of judges of other agencies. At the request of an agency that is occasionally or temporarily insufficiently staffed, OPM shall provide for the temporary use by the agency of the services of an administrative law judge of another agency. OPM, with the consent of the agency in which an administrative law judge is employed, shall select the administrative law judge to be used, and shall name the date on which the judge is to be made available to the agency in need of his services.

§ 930.214 Separation.

(a) Removal. An agency may remove an administrative law judge only for good cause, established and determined by the Merit Systems Protection Board on the record and after opportunity for hearing before the Board as provided in §§ 1201.131 through 1201.136 of this title.

(b) Status during removal proceedings. In exceptional cases when there are circumstances by reason of which the retention of an administrative law judge in his/her position, pending adjudication of the existence of good cause for his/her removal, would be detrimental to the interests of the Government, the agency shall either assign the administrative law judge to duties in which these conditions would not exist, or place him/her on annual leave for the period that will be covered by the annual leave to his/her credit. An agency may take action under this paragraph only with the prior approval of the Board.

(c) Exceptions from procedures. The procedures in this subpart governing the removal of administrative law judges do not apply in making dismissals requested by OPM under § 5.2 and § 5.4 of this chapter, nor to dismissals made by agencies in the interest of national security.

administrative law judges reflects the length of Federal Government service.

(b) Determination of tenure groups. In determining retention standing in a reduction in force, each agency shall classify its administrative law judges in groups and subgroups according to tenure of employment and veteran preference in the manner prescribed in Part 351 of this chapter. However, as administrative law judges are not given performance ratings, 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) Status of administrative law judges who are reached in reduction in force. (1) OPM, on request of an administrative law judge who has been notified he is to be separated, furloughed, or demoted because of a reduction in force, shall place his name

on:

(i) OPM's priority referral list for the grade in which he last served and for all lower grades; and

(ii) The open competitive administrative law judge register, ahead of all other eligibles, for the grade from which he was separated furloughed, or demoted as an administrative law judge and for all lower grades. When more than one administrative law judge is affected, OPM shall rate the qualifications of the several judges and relative standing at the top of the register is based on these ratings.

(2) An administrative law judge may file a request under paragraph (c)(1) of this section at any time after the receipt of the reduction-in-force notice but not later than 90 days after the date of separation, furlough, or demotion. He shall file with his request a Standard Form 171 and a copy of the reduction-in-force notice.

(3) When there is no administrative law judge on the agency's reemployment priority list, but, there is an administrative law judge who has been placed on the priority referral list (paragraph (c)(1)(i) of this section) or on the top of the open competitive register for priority certification (paragraph (c)(1)(ii) of this section), the agency may fill a vacant administrative law judge position only by selection from the priority referral list

or the register, unless it obtains the prior approval of OPM under § 930.203(b), § 930.204, § 930.205, § 930.206, or § 930.207.

(4) Referral, certification, and selection of administrative law judges from the agency's reemployment priority list, OPM's priority referral list, or the open competitive register are made without regard to selective certification procedures applied in original appointment.

(d) Retention preference regulations. The reduction:-in-force regulations for use in a reduction in force (Part 351 of this chapter), except as modified by this section, appy to reductions in force of administrative law judges.

§ 990.102 Agents.

A competent person of good moral character and of good repute who is a citizen of the United States, or who has declared his intention to become a citizen of the United States, may be designated as an agent. A person (other than a Member of Congress) claiming to act as an agent shall submit a written statement from the preference eligible (OPM Form 307) authorizing him to represent the preference eligible in his claim or appeal. A written statement is not required of a Member of Congress claiming to act as an agent to represent a preference eligible in his claim or appeal.

§ 990.103 Recognition of service organizations.

A service organization approved by OPM may be recognized in the presentation of claims or appeals under section 3502, 3503, or 7701 of title 5, United States Code, when the proper officers thereof make application for recognition, and as a part of the application agree and certify that neither the organization nor its representatives will charge claimants or appellants a fee or compensation for their services, except expenses actually incurred with the consent of the claimant. In requesting recognition, the following information shall be supplied:

(a) Statement outlining the purpose of the organization and need thereof, and manner in which the preference eligible will be benefited by the recognition.

(b) Names, titles, and addresses of officers.

(c) Number of posts or chapters, and States in which located.

(d) Names, titles, and addresses of full-time paid employees who are qualified to act as accredited representatives.

(e) Copy of constitution or charter and bylaws of the organization.

§ 990.104 Accredited representatives of service organizations.

(a) Each recognized service organization shall file with OPM, on the prescribed form (OPM Form 306), the name of any officer whom it desires to be recognized as its accredited repre

sentative and OPM office or offices to which recognition is to be extended in the presentation of claims or appeals. In proposing a candidate for recognition as a representative, the organization, through its appropriate officer, shall certify to the following:

(1) That the candidate is a citizen of the United States, of good character and reputation, is qualified by training or experience to assist in the presentation of claims, and is a member or employee of the organization.

(2) That he is not employed in any civil or military department or agency of the United States, and is not a retired member of the Regular Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health Service.

(3) Whether the candidate is a preference eligible and, if so, that he was honorably discharged from active service.

(b) A single application (OPM Form 306) shall be filed with the central office of OPM for recognition before (1) the central office only, (2) two or more regional offices, or (3) the central office and one or more regional offices. Application shall be filed with the regional office where the candidate is to serve when recognition before only one regional office is requested. Application Form 306 shall be retained by the approving office of OPM.

(c) The central office or regional director, as the case may be, is responsible for determining the qualifications of a candidate of a service organiza. tion for recognition. Normally, the candidate of a service organization will be approved. However, if there is doubt as to the qualifications or suitability of a candidate, appropriate investigation may be made to resolve the doubts. If it is determined that the candidate is qualified, duplicate copies of a letter of notice to that effect shall be issued to the veterans organization concerned, with an Identification Card (OPM Form 308) in the candidate's name signed by the appropriate official in the central office or the regional director. One copy of the letter of approval shall be retained by the organization and the other forwarded to the candidate with the Identification Card 308 countersigned by the appro