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Administrative Law Judges

Introduction
The position of Administrative Law Judge (ALJ), originally called hearing examiner, was created by the Administrative Procedure Act of 1946, Public Law 79-404. The Act insured fairness and due process in Federal agency rule making and adjudication proceedings. It provided those parties, whose affairs are controlled or regulated by agencies of the Federal Government, an opportunity for a formal hearing on the record before an impartial hearing officer. It also provided for a merit selection system administered by the U.S. Office of Personnel Management and statutory protection of the judge's decisional independence from undue agency influence.

EXAMINATION CLOSED TO RECEIPT OF NEW APPLICATIONS, EXCEPT AS REQUIRED BY 5 CFR 332.311
On October 20, 2000, the United States Merit Systems Protection Board (Board) affirmed, in part, and modified, in part, its April 22, 1999 initial decision with respect to changes that the Office of Personnel Management (OPM) made to the scoring formula for the Administrative Law Judge (ALJ) examination, in the class-action suit captioned, Ann S. Azdell and Donald B. Fishman v. OPM. On November 24, 2000, OPM petitioned the Board to reconsider its October decision. The Board denied OPM's petition on July 13, 2001. On September 17, 2001, OPM appealed the case to the U.S. Court of Appeals for the Federal Circuit (Federal Circuit). Concurrently, OPM implemented the Board's remedy, as ordered in its October 20, 2000 opinion. The Board issued a stay on April 12, 2001 to prevent OPM from issuing certificates of eligibles for ALJ positions. On August 9, 2001, the Board extended the stay indefinitely.

On February 20, 2003, the Federal Circuit issued a decision in favor of OPM in the case styled as Meeker v. Merit Systems Protection Board and reversed the July 13, 2001 decision of the Board. After rejecting the respondents' petitions for rehearing, on July 23, 2003, the Federal Circuit issued a mandate, which implemented the Court's decision. Once the mandate was issued, the stay imposed by the Board ceased to be effective, as a matter of law. Accordingly, OPM re-activated the existing ALJ register, based on the 1996 scoring formula. Effective August 25, 2003, OPM also lifted the suspension on the ALJ examination that was announced at this site on June 11, 1999. Concurrent with lifting the suspension, OPM closed Announcement No. 318, as amended, for the ALJ examination to the receipt of new applications, except as required by 5 CFR 332.311. OPM will complete processing the applications that were received on or before June 18, 1999, seven days after the suspension was announced on this site, but it will not accept new applications. This decision to close the announcement to the receipt of new applications is in accordance with OPM's authority under 5 USC to establish the parameters for when examinations should be opened or closed to comport with agency need to fill new positions.

In addition, as part of its routine efforts to periodically update existing assessment tools, OPM has begun work on the development of a new ALJ examination. When the new ALJ examination is completed and announced, the current register and Announcement No. 318, as amended, will be terminated. Specifically, when the new announcement becomes effective, all individuals whose names are still on the existing re-activated register and who desire to continue to receive consideration for ALJ positions, will have to re-apply and participate in all parts of the new examination. Additional information regarding the status of the new ALJ examination will be posted periodically on this site at: http://www.usajobs.opm.gov. Please conduct a job search on the key word: ALJ.

Qualifications Requirements
Applicants must be attorneys and have a minimum of seven (7) years administrative law and/or trial experience involving formal administrative hearing proceedings before local, State, or Federal administrative agencies, courts, or other administrative bodies. In addition, applicants must demonstrate that they have had 2 years of qualifying experience at a level of difficulty and responsibility characteristic of at least senior level GS-13, or 1 year characteristic of at least GS-14 or GS-15 Federal Government attorneys actively involved in administrative law and/or litigation work.

Duties and Responsibilities
ALJs prepare for and preside at formal hearings which Federal agencies are required by statute to hold under, or in substantial accord with, provisions of the Administrative Procedure Act, Sections 553-559 of Title 5, United States Code. ALJs function as independent, impartial triers of fact in formal hearings in a manner similar to that of a trial judge conducting civil trials without a jury.

Rating Criteria and Procedures
All applicants who meet the minimum qualification and filing requirements will be eligible to participate in subsequent stages of the examination: supplemental qualifications statement; written demonstration; panel interview; and personal reference inquiries.

Opportunities for Employment
There are approximately 1,400 incumbent ALJs in 29 Federal Government agencies at various locations across the continental United States, Hawaii, and Puerto Rico. Competition for the relatively few positions that may become vacant from year to year is keen. Only very highly qualified applicants whose qualifications substantially exceed the minimum examination requirements should include such a position in their career plans.

Pay
Public Law 101-509 established a new ALJ pay system for former GS-15, 16, 17, and 18 ALJ positions established under Section 3105 of Title 5, United States Code. The minimum rate for ALJ positions is set at 65 percent of level IV of the Executive Schedule and the maximum rate is set at 100 percent of level IV of the Executive Schedule.

The current ALJ pay ranges, exclusive of locality differentials, are as follows:
AL-3/A $ 90,500
AL-3/B 97,400
AL-3/C 104,400
AL-3/D 111,400
AL-3/E 118,300
AL-3/F 125,300
AL-2 132,400
AL-1 136,000

AS OF: 01/2004



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