5 U.S.C. § 3105
Appointment of administrative law judges
Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.
Notes of Decisions
Cited in 80
cases (19 in the last 5 years), 1969–2025 · leading case: Butz v. Economou, 438 U.S. 478 (1978).
Butz v. Economou, 438 U.S. 478 (1978). “5 U. S. C. § 3105 (1976 ed.). When conducting a hearing under § 5 of the APA, 5 U.”
Lucia v. SEC, 585 U.S. 237 (2018). “5 U. S. C. §3105 ; see also Administrative Proce- dure Act, §11, 60 Stat.”
Dir., Off. of Workmen's Comp. Prog., United States Dep't of Labor v. Alabama By-Prods. Corp., 560 F.2d 710 (5th Cir. 1977). “The Benefits Review Board based its decision on the belief that because Medicis was not an administrative law judge appointed pursuant to 5 U.S.C. § 3105 he was not qualified to conduct black lung hearings.”
Larry J. Butler v. Soc. Sec. Admin., 331 F.3d 1368 (Fed. Cir. 2003). “Under 5 U.S.C. § 3105 , “[e]ach agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title.”
Bandimere v. United States Sec. & Exch. Comm'n, 844 F.3d 1168 (10th Cir. 2016). “Under 5 U.S.C. § 3105 , “Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with [ 5 U.”
Muhammad v. Berryhill, 381 F. Supp. 3d 462 (E.D. Pa. 2019). “This point is underscored by the Solicitor General's memorandum to agency general counsels, which states "much of the reasoning of Lucia applies with equal force" to ALJs appointed under 5 U.”
Island Creek Coal Co. v. Melyndia Bryan, 937 F.3d 738 (6th Cir. 2019). “§ 919 (d); 5 U.S.C. § 3105 . Proving this point, the Secretary of Labor himself ratified the appointments of the existing administrative law judges in December 2017 (months before Lucia) without any evident statutory obstacle.”
Joe Fleming v. AGRI, 987 F.3d 1093 (D.C. Cir. 2021). “5 U.S.C. § 3105 . Once appointed by the Secretary, an ALJ has a high degree of independence protected by two layers of for-cause removal restrictions.”
Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). “It argues that Title 5’s removal restrictions are less cumber- some than the restrictions on the Court of Federal Claims’ removal authority over the special masters who were appointed not under 5 U.S.C. § 3105 , but under 35 U.S.C. § 6 .”
Newsome v. Dist. of Columbia, 859 A.2d 630 (D.C. 2004). “Newsome filed a motion for partial summary judgment, claiming for the first time that she was appointed Chief Administrative Law Judge on July 21, 1995, pursuant to a provision of the federal Civil Service Reform Act (CSRA) — specifically, 5 U.S.C. § 3105 — and that certain…”
Culclasure v. Comm'r of the Soc. Sec. Admin., 375 F. Supp. 3d 559 (E.D. Pa. 2019). “Within weeks of Lucia , the President issued an Executive Order on July 10, 2018 excepting all administrative law judges appointed under 5 U.S.C. § 3105 29 from competitive service selection procedures.”
K & R Contractors, LLC v. Michael Keene, 86 F.4th 135 (4th Cir. 2023). “2; 5 U.S.C. § 3105 . This action is effective upon transfer to the U.”
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