Excepting Administrative Law Judges From the Competitive Service

2018-07-13Executive Order 13843
Signed by: Donald Trump
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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.

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: government hiring, civil service, administrative law, legal appointments

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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