Excepting Administrative Law Judges From the Competitive Service
Headline: 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.
- 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.
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.
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