In this subpart:
Administrative law judge position means a position in which any portion of the duties requires the appointment of an administrative law judge under 5 U.S.C. 3105.
Agency has the same meaning given in 5 U.S.C. 551(1).
Detail means the temporary assignment of an administrative law judge from one administrative law judge position to another administrative law judge position without change in civil service or pay status.
Removal means discharge of an administrative law judge from the position of an administrative law judge or involuntary reassignment, demotion, or promotion to a position other than that of an administrative law judge.
Senior administrative law judge means a retired administrative law judge who is reemployed under a temporary appointment under 5 U.S.C. 3323(b)(2) and § 930.209 of this chapter.
Superior qualifications means an appointment made at a rate above the minimum rate based on such qualifications as experience practicing law before the hiring agency; experience practicing before another forum in a field of law relevant to the hiring agency; or an outstanding reputation among others in a field of law relevant to the hiring agency.
Notes of Decisions
Larry J. Butler v. Soc. Sec. Admin., 331 F.3d 1368 (Fed. Cir. 2003).
· cites it 3× “” 5 C.F.R. § 930.202 (f) (2003). Applying this definition of “removal,” the Board concluded that “a plain reading of Section 930.”
Tunik v. Merit Sys. Prot. Bd., 407 F.3d 1326 (Fed. Cir. 2005).
· cites it 3× “(quoting 5 C.F.R. § 930.202 (f) (1973)). In short, the Board determined that the Benton decision was really concerned about the procedures that must be followed before separating an individual from his or her position as an ALJ.”
Benton v. United States, 203 Ct. Cl. 263 (Ct. Cl. 1973).
· cites it 2× “) 5 C.F.R. § 930.202 (f) (1973). The regulations provide an exception to the removal provision in only two types of action: discharges of examiners that the CSC finds to have been appointed, or otherwise holding their positions, in violation of law, and discharges based upon…”
Newsome v. Dist. of Columbia, 859 A.2d 630 (D.C. 2004).
“5 CFR § 930.202 (a) (2002). 5 U.S.C. § 551 (1)(D) states that “‘agency’ means each authority of the [government of the United States .”
— 5 C.F.R. § 930.202(f) — 1 case
Benton v. United States, 203 Ct. Cl. 263 (Ct. Cl. 1973).
“) 5 C.F.R. § 930.202 (f) (1973). The regulations provide an exception to the removal provision in only two types of action: discharges of examiners that the CSC finds to have been appointed, or otherwise holding their positions, in violation of law, and discharges based upon…”
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