[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Rules and Regulations]
[Page 6448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3423]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 930

RIN 3206-AH31


Funding of Administrative Law Judge Examination

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
regulation to require agencies employing administrative law judges to 
reimburse OPM for the cost of developing and administering examinations 
for judge positions. The regulation implements OPM's authority to 
delegate examining authority for all competitive service positions 
except for administrative law judges, and to require employing agencies 
to reimburse OPM for the cost of administrative law judge examinations.

EFFECTIVE DATE: March 14, 1997.

FOR FURTHER INFORMATION CONTACT: Richard A. Whitford on 202-606-2525, 
TDD 202-606-0591, or FAX 202-606-1768.

SUPPLEMENTARY INFORMATION: On July 29, 1996, OPM issued an interim 
regulation at 61 FR 39267 to implement the new funding arrangement for 
administrative law judge examinations as required by the Treasury, 
Postal Service, and General Government Appropriations Act, 1996 (Pub. 
L. 104-52, November 19, 1995). This act amended 5 U.S.C. 1104 to 
require OPM to continue examining for administrative law judges and to 
require employing agencies to reimburse OPM for the cost of doing so.
    OPM's interim regulation added a new paragraph (c) to 5 CFR 930.201 
to require affected agencies to reimburse OPM annually for the cost of 
developing and administering administrative law judge examinations. 
Each employing agency's share of reimbursement will be based on its 
relative number of such judges as of March 31 of the preceding fiscal 
year. The regulation also provided that OPM would work with employing 
agencies to review the examination program for effectiveness and 
efficiency and identify needed improvements, consistent with statutory 
requirements. On this basis, OPM would compute and notify each agency 
of its share, along with a full accounting of costs.
    We received two written comments, both from agencies employing 
administrative law judges. One agency questioned the basis for the fee, 
pointing out that the law does not specify any specific reimbursement 
method. This agency agreed with OPM's proposal to establish a working 
group of officials from OPM and affected agencies but suggested that 
this group determine how costs are to be allocated and have a 
continuing role in overseeing the operation of the examination.
    OPM will continue consulting, as we have been, with the 
stakeholders in the administrative law judge program, including Chief 
Administrative Judges from agencies with the largest judge populations. 
For this fiscal year, however, OPM has not allocated any of its 
appropriated funds and has no other funding source to operate this 
examination. Therefore, we must bill affected agencies, as indicated in 
the interim regulation, based on their relative share of the 
administrative law judge workforce.
    Another agency did not object to the fee or the reimbursement 
method but requested that OPM refer for its appointment consideration 
only those candidates who possess specialized experience related to its 
programs. Inasmuch as this action would require a substantive change to 
5 CFR part 930 that is outside the scope of this rulemaking, OPM cannot 
act on the proposal at this time. We will, however, consider it in the 
future.
    OPM is adopting without change the new paragraph (c) to 
Sec. 930.201 contained in the interim regulation published on July 29, 
1996.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains 
only to Federal agencies.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 930

    Administrative practice and procedure, Government employees, Motor 
vehicles.

Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is adopting its interim regulation at 5 CFR part 
930 as published on July 29, 1996 (61 FR 39267) as final with the 
following change:
    1. The part title is corrected to read as follows:

PART 930--PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS 
(MISCELLANEOUS)

Subpart B--Appointment, Pay, and Removal of Administrative Law 
Judges

    2. The authority citation for subpart B continues to read as 
follows:

    Authority: 5 U.S.C. 1104(a)(2), 1305, 3105, 3323(b), 3344, 
4301(2)(D), 5372, 7521.

[FR Doc. 97-3423 Filed 2-11-97; 8:45 am]
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