5 C.F.R. § 930.203a Appointment.
Title 5 - Administrative Personnel
(a) 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. When requesting OPM approval of an appointment to an administrative law judge position or the issuance of a certificate of eligibles, the requesting agency must demonstrate that its hearing workload requires the appointment of an additional administrative law judge(s) to get necessary work done. 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. (b) 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. (c) 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) The employee has a competitive status or was serving in an excepted position under a permanent appointment; (2) The employee 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 the employee's 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 finds that the employee meets the current examination requirements for the position under OPM Examination Announcement No. 318. In an emergency situation, when the needs of an agency require it, OPM may authorize the conditional appointment of an employee to an administrative law judge position pending final decision on the employee's eligibility for absolute appointment under this paragraph. (d) 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 OPM finds that the employee meets current examination requirements under OPM Examination Announcement No. 318 and is otherwise eligible under the provisions of 5 U.S.C. 3304(c). (e) 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 other than by selection from a certificate of eligibles furnished by OPM from the open competitive register.
Title 5: Administrative Personnel
PART 930—PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)
Subpart B—Appointment, Pay, and Removal of Administrative Law Judges
General Provisions
§ 930.203a Appointment.
