AGENCIES: THIS NOTICE PROVIDES INFORMATION RELATIVE TO VARIATION REQUESTS. Section 5.1 of civil service rule V requires the Office of Personnel Management to inform agencies about variations which it grants under that rule.

1.		OPM has approved a precedent-setting variation to 5 CFR 930.203(e). That section requires that OPM use in final rating for the Administrative Law Judge examination "a transmuted scale of 0 to 100, with 70 required to pass."

2.		This variation is necessary because OPM used a scale of 70 to 100 to score applications for Administrative Law Judge positions, instead of the "transmuted scale of 0 to 100, with 70 required to pass." Although the use of the 70 to 100 scale was described in the March 1993 announcement for the Administrative Law Judge examination, OPM did not obtain a variation or modify the regulation to permit the use of such a scale.

3.		The variation was granted to avoid the practical difficulty required to revise the final ratings of the more than 1700 candidates on the ALJ register. Such an effort is unnecessary because the transmuted scale of 70 to 100 is frequently used in unassembled competitive examinations like the ALJ examination, and is consistent with merit system principles. The precedent set by this variation is limited to transmutation scales used by unassembled examinations that are specified in regulation.

4.		Section 5.1 of civil service rule V requires that like variations be granted in like circumstances. Therefore, if an agency believes it has a case which parallels the one described in this notice, a variation may be requested. Agencies are reminded, however, that variation is appropriate only when no other authority exists to remedy the hardship or practical difficulty. All requests for variation must be sent through the headquarters of the agency or department involved and must be transmitted to the Office of Personnel Management for final action. Agencies do not have authority to approve variations.

Distribution: Former Basic FPM
Inquiries: Staffing Reinvention Office
Employment Service, (202) 606-0830

U.S. Office of Personnel Management

Variations to Staffing Regulations

Notice No: 33	Washington, DC 20415
Date: June 21, 1996