Excepting Administrative Law Judges From the Competitive Service
Administrative Law Judges Removed From Competitive Hiring Rules
What it does
Agencies must appoint administrative law judges under Schedule E excepted service, and the Office of Personnel Management must issue regulations and transition guidance.
Real-world impact
- Moves ALJ hiring out of competitive examinations and rating processes.
- Requires ALJ applicants to hold a current law license to practice.
- Gives agency leaders more discretion in selecting ALJ candidates, reducing legal challenges.
Topics
Summary
This order removes administrative law judges (ALJs) from the competitive hiring process and places the position in a new Schedule E excepted service. It directs the Office of Personnel Management to list ALJ positions in Schedule E and to issue regulations and guidance for a swift transition.
The order requires ALJ applicants to hold a law license and gives agency leaders more flexibility in selecting candidates to reduce constitutional questions about appointments and to strengthen confidence in agency decisions.
Questions, answered
Ask questions about this executive order and its implications. Try:
- “What agencies are affected by this order?”
- “How does this order change existing policy?”
- “What are the practical implications of this order?”