[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39267-39268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19100]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 146 / Monday, July 29, 1996 / Rules
and Regulations
[[Page 39267]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 930
RIN 3206-AH31
Funding of Administrative Law Judge Examination
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations to require agencies employing administrative law judges to
reimburse OPM for the cost of developing and administering examinations
for judge positions. The regulations implement Public Law 104-52
(November 19, 1995), which amended 5 U.S.C. 1104 to authorize OPM 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.
DATES: Interim rules effective on July 29, 1996. Written comments will
be considered if received on or before August 28, 1996.
ADDRESSES: Send or deliver written comments to Donna Beecher, Deputy
Associate Director for Employment, Office of Personnel Management, Room
6F08, 1900 E Street, NW., Washington, DC 20415 (FAX 202-606-1768).
FOR FURTHER INFORMATION CONTACT: Richard A. Whitford on 202-606-2525,
TDD 202-606-0591, or FAX 202-606-1768.
SUPPLEMENTARY INFORMATION: The President's National Performance Review,
in its 1993 report From Red Tape to Results: Creating a Government That
Works Better 7 Costs Less, recommended that Federal agencies conduct
their own competitive examining, with the option of obtaining examining
services from OPM on a reimbursable basis. OPM's appropriations act for
FY 96 implements this recommendation.
The Treasury, Postal Service, and General Government Appropriations
Act, 1996 (Public Law 104-52, November 19, 1995) amended OPM's
authority in section 1104(a) of title 5, United States Code, to permit
it to delegate examining authority for all competitive service
positions except for administrative law judges. As a result, OPM will
continue to be responsible for the conduct of the administrative law
judge examination. Pub. L. 104-52 also requires agencies employing
administrative law judges to pay the cost of OPM-conducted examinations
for these positions.
OPM is reviewing 5 CFR Sec. 930.201, dealing with appointment of
administrative law judges, to reflect the new funding arrangement. The
revised regulation requires the affected agencies to reimburse OPM
annually for the cost of developing and administering administrative
law judge examinations. For FY 96, the fee will be prorated to cover
only the fourth quarter to reflect the level of examining conducted on
behalf of the employing agencies.
The amount of the reimbursement fee will be based on each employing
agency's proportionate share of the administrative law judge workforce.
Employment levels will be taken from OPM's Central Personnel Data File
(CPDF) as of March 31 of each year. In future years, OPM will need to
notify agencies of their share of the third quarter of the fiscal year
preceding the one in which reimbursement is due to allow for agency
budget planning. Because agencies transmit personnel actions to CPDF on
a quarterly basis, the most recent available data will be as of March
31 of each year.
For the future, OPM will establish a working group consisting of
officials form representative agencies and OPM to review the
effectiveness and efficiency of the program and make recommendations
for needed improvements. OPM will notify each affected agency annually
of the costs of the program, its obligation, and of payment procedures.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists
for waiving the general notice of proposed rulemaking because the
statutory basis for these regulations (Pub. L. 104-52) was effective on
November 19, 1995, and OPM's reduced FY 96 appropriation necessitates
collection of the reimbursement fee beginning in fourth quarter of FY
96. It would be contrary to the public interest and impracticable to
delay implementation.
For the same reasons, and pursuant to 5 U.S.C. 553(d)(3), I find
that good cause exists to waive the delay in effective date and make
these regulations effective in less than 30 days.
Regulatory Flexibility Act
I certify that this regulation will not have a significant 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 amending 5 CFR part 930 as follows:
PART 930--APPOINTMENT, PAY, AND REMOVAL OF ADMINISTRATIVE LAW
JUDGES
1. The authority citation for part 930 continues to read a follows:
Authority: 5 U.S.C. 1104(a)(2), 1305, 3323(b), 3344, 4301(2)(D),
5372, 7521.
2. In Sec. 930.201, paragraph (c) is added to read as follows:
Sec. 930.201 Coverage.
* * * * *
(c) In accordance with 5 U.S.C. 1104(a)(2), OPM shall conduct
competitive examinations for administrative law judge positions, and
agencies employing judges shall reimburse OPM for the cost of
[[Page 39268]]
developing and administering such examinations. Each employing agency's
share of reimbursement shall be based on its relative number of
administrative law judges as of March 31 of the preceding fiscal year.
OPM will work with employing agencies to review the examination program
for effectiveness and efficiency and identify needed improvements,
consistent with statutory requirements. Subsequently, OPM will annually
compute the cost of the examination program and notify each agency of
its share, along with a full accounting of the costs, and payment
procedures.
[FR Doc. 96-19100 Filed 7-26-96; 8:45 am]
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