[Federal Register: July 29, 1996 (Volume 61, Number 146)] [Rules and Regulations] [Page 39267-39268] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29jy96-1] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== [[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. ----------------------------------------------------------------------- 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] BILLING CODE 6325-01-M