5 U.S.C. § 3344
Details; administrative law judges
An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under section 3105 of this title may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1974–2025 · leading case: Nat'l Nutritional Foods Ass'n v. Food & Drug Admin., 504 F.2d 761 (2d Cir. 1974).
Nat'l Nutritional Foods Ass'n v. Food & Drug Admin., 504 F.2d 761 (2d Cir. 1974). “” 89 The detailing of an examiner from another agency similarly was not feasible because the Civil Service Commission discouraged the borrowing of examiners *808 from other agencies under 5 U.S.C. § 3344 where the hearing was expected to exceed six months.”
Welytok (E.D. Va. 2025). “Appointments Clause and 5 U.S.C. § 3344 Welytok’s first two assignments of error contend that ALJ Fernandez-Pons’s appointment and subsequent designation to preside over her administrative disciplinary proceedings violated the Appointments Clause of the United States…”
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