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]

§ 930.203a Title of Administrative Law Judge.

The title, "administrative law judge❞ is the official class title for an administrative law judge position. Each agency shall use only this official class title for personnel, budget, fiscal and all other purposes, and may not use the word "judge" as the title or part of the title for any other position for any purpose.

[39 FR 20186, June 7, 1974]

§ 930.204 Promotion.

When OPM classifies an occupied administrative law judge position at a higher grade, OPM shall direct the promotion of the incumbent administrative law judge and the promotion is effective on the date named by OPM.

§ 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 administra

tive 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 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.

§ 930.208 Restoration.

Parts 352 and 353 of this chapter governing reemployment rights and restoration after military service apply to reemployment and restoration to administrative law judge positions.

§ 930.209 Detail and assignment to other duties.

(a) An agency may not detail an employee who is not an administrative law judge to an administrative law judge position.

(b) An agency may assign an administrative law judge (by detail or otherwise) to perform duties that are not duties of an administrative law judge without the prior approval of OPM only when:

(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.

(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.

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

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

§ 930.215 Reduction in force.

(a) Service date. The service date for the purpose of reductions in force of 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

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.

(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 representative 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 organization 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 appropriate officer of the organization. When approval is made by the central office, a copy of the letter of approval shall be sent to each regional office before which recognition of the candidate is approved. When approval is made by a regional office, a copy of the letter of approval shall be sent to the central office of OPM. Each regional office shall maintain a record of

all accredited representatives approved for recognition before that regional office. The central office shall maintain a record of all accredited representatives approved by all regional directors and the central office. If the regional director's determination is adverse, or the case is one of doubtful aspect, the entire matter may be referred to OPM's central office, at the regional director's option, where it will be handled in the same manner as a request for recognition ordinarily handled by the central office.

(d) Recognition may be canceled at the request of the organization. The central office or regional director may cancel or suspend a recognition for cause. When a regional director cancels or suspends a recognition, a report of the facts shall be made to the central office. Notice of cancellation or suspension shall be supplied in the same manner as a notice of recognition.

(e) Nominations for accredited representatives of national service organizations are acceptable only if approved by the certifying officer, national headquarters, of the organization.

(f) Letters of recognition issued by the central office to national and field officers of recognized organizations constitute authorization for their recognition in claims or appeals in any regional office within their respective assignments. Letters of recognition issued by a regional director constitute authorization for the accredited representatives to present claims or appeals in any regional office within their respective assignments.

(g) When a representative has been recognized, a card shall be prepared in the office which approves the recognition, showing his name, address, organization, and date of recognition. Copies of this card shall be filed in the central office of OPM, and in the regional office by which he is recognized or in which he is authorized to act.

§ 990.105 Designation of service organizations as representatives.

(a) Before a service organization may be recognized in an individual claim or appeal, there shall be filed a designation duly executed by the claimant or appellant, specifically conferring on the organization the authority to represent him in the presentation of his claim or appeal, and to receive information in connection therewith. This designation shall be on the form prescribed by OPM (OPM Form 307) and shall be presented to the office concerned, to be filed in connection with the claim or appeal. The designation shall be signed by the claimant or appellant.

(b) On receipt and approval of the designation, the service organization named therein shall be recognized as the sole agency for the presentation of the claim or appeal covered thereby, and no other organization shall be recognized in the presentation of that claim or appeal. The designation made by the claimant may be revoked by him at any time and a subsequent designation made, naming another organization. A subsequently executed designation constitutes a revocation of any existing designation. A designation may also be revoked by the organization named therein.

§ 990.106 General provisions.

(a) Nothing in this subpart permits the unauthorized practice of law in any place or the giving of any service except the authorized participation in agency proceedings by agents or accredited representatives who have been approved by OPM.

(b) This subpart does not apply to adjudications of charges of political activity on the part of officers or employees in the competitive service, or of officers or employees of a State or local government, nor to adjudications of the existence of good cause for the removal of hearing examiners appointed under section 3105 of title 5 United States Code.