---
kind: "section"
citation: "5 C.F.R. § 930.201"
title: "5"
number: "930.201"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/930.201"
---

# §930.201. Coverage.

- (a) This subpart applies to individuals appointed under [5 U.S.C. 3105](/usc/5/3105.md) for proceedings required to be conducted in accordance with 5 U.S.C. [556](/usc/5/556.md) and [557](/usc/5/557.md) and to administrative law judge positions.
- (b) **Administrative law judge positions are in the competitive service.** Except as otherwise stated in this subpart, the rules and regulations applicable to positions in the competitive service apply to administrative law judge positions.
- (c) **The title “administrative law judge” is the official title for an administrative law judge position.** Each agency must use only this title for personnel, budget, and fiscal purposes.
- (d) The Director of OPM, or designee, shall prescribe the examination methodology in the design of each administrative law judge examination.
- (e) **OPM does not hire administrative law judges for other agencies but has the authority to—**
  - (1) Recruit and examine applicants for administrative law judge positions, including developing and administering the administrative law judge examinations under 5 U.S.C. [3301](/usc/5/3301.md), [3304](/usc/5/3304.md), [1104(a)](/usc/5/1104.md?p=a), and [1302](/usc/5/1302.md), and Executive Order 10577, as amended, except OPM is not required to use the examination scoring process in [5 CFR 337.101(a)](/cfr/5/337.101.md?p=a);
  - (2) Assure that decisions concerning the appointment, pay, and tenure of administrative law judges in Federal agencies are consistent with applicable laws and regulations;
  - (3) Establish classification and qualification standards for administrative law judge positions;
  - (4) Approve noncompetitive personnel actions for administrative law judges, including but not limited to promotions, transfers, reinstatements, restorations, and reassignments;
  - (5) Approve personnel actions related to pay for administrative law judges under § [930.205(c)](/cfr/5/930.205.md?p=c), [(g)](/cfr/5/930.205.md?p=g), [(h)](/cfr/5/930.205.md?p=h), and [(k)](/cfr/5/930.205.md?p=k);
  - (6) Approve an intra-agency detail or assignment of an administrative law judge to a non-administrative law judge position that lasts more than 120 days or when an administrative law judge cumulates a total of more than 120 days for more than one detail or assignment within the preceding 12 months;
  - (7) Arrange the temporary detail (loan) of an administrative law judge from one agency to another under the provisions of the administrative law judge loan program in [§ 930.208](/cfr/5/930.208.md);
  - (8) Arrange temporary reemployment of retired administrative law judges to meet changing agency workloads under the provisions of the Senior Administrative Law Judge Program in [§ 930.209](/cfr/5/930.209.md);
  - (9) Maintain and administer the administrative law judge priority referral program under [§ 930.210(c)](/cfr/5/930.210.md?p=c);
  - (10) Promulgate regulations for purposes of sections [3105](/usc/5/3105.md), [3344](/usc/5/3344.md), [4301(2)(D)](/usc/5/4301.md?p=2-D) and [5372](/usc/5/5372.md) of title 5, U.S.C.; and
  - (11) **Ensure the independence of the administrative law judge.**
- (f) An agency employing administrative law judges under [5 U.S.C. 3105](/usc/5/3105.md) has:
  - (1) The authority to appoint as many administrative law judges as necessary for proceedings conducted under 5 U.S.C. [556](/usc/5/556.md) and [557](/usc/5/557.md);
  - (2) The authority to assign an administrative law judge to cases in rotation so far as is practicable;
  - (3) The responsibility to ensure the independence of the administrative law judge; and
  - (4) The responsibility to obtain OPM's approval before taking any of the personnel actions described in [paragraphs (e)(4) through (8)](#e-4..e-8) of this section.

## Notes

### Amendments

[72 FR 12954, Mar. 20, 2007, as amended at 89 FR 5756, Jan. 30, 2024]

### Authority

Authority: 5 U.S.C. 1104(a), 1302(a), 1305, 3105, 3301, 3304, 3323(b), 3344, 4301(2)(D), 5372, 7521, and E.O. 10577, 3 CFR, 1954-1958 Comp., p. 219.

### Source

Source: 72 FR 12954, Mar. 20, 2007, unless otherwise noted.

### Amendments

[72 FR 12954, Mar. 20, 2007, as amended at 89 FR 5756, Jan. 30, 2024]