§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.

( Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 415 ; Pub. L. 95–251, §2(a)(1), (b)(2), (d)(1), Mar. 27, 1978, 92 Stat. 183 , 184.)

The words "Subject to the civil service" are omitted as unnecessary inasmuch as appointments are made subject to the civil service laws unless specifically excepted. The words "and other laws not inconsistent with this chapter" are omitted as unnecessary because of the organization of this title.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendments

1978-Pub. L. 95–251 substituted references to administrative law judges for references to hearing examiners in section catchline and wherever appearing in text.

References to Hearing Examiner Deemed References to Administrative Law Judge

Section 3 of Pub. L. 95–251 provided that: "Any reference in any law, regulation, or order to a hearing examiner appointed under section 3105 of title 5, United States Code, shall be deemed to be a reference to an administrative law judge."

Hearing Examiners Employed by Department of Agriculture

Functions vested by section 551 et seq. of this title in hearing examiners employed by Department of Agriculture not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to this title.

Hearing Examiners Employed by Department of Commerce

Functions vested by section 551 et seq. of this title in hearing examiners employed by Department of Commerce not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Commerce by 1950 Reorg. Plan No. 5, §1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title.

Hearing Examiners Employed by Department of the Interior

Functions vested by section 551 et seq. of this title in hearing examiners employed by Department of the Interior not included in functions of officers, agencies, and employees of that Department transferred to Secretary of the Interior by 1950 Reorg. Plan No. 3, §1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, transferred set out in the Appendix to this title.

Hearing Examiners Employed by Department of Justice

Functions vested by section 551 et seq. of this title in hearing examiners employed by Department of Justice not included in functions of officers, agencies, and employees of that Department transferred to Attorney General by 1950 Reorg. Plan No. 2, §1, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to this title.

Hearing Examiners Employed by Department of Labor

Functions vested by section 551 et seq. of this title in hearing examiners employed by Department of Labor not included in functions of officers, agencies, and employees of Department transferred to Secretary of Labor by 1950 Reorg. Plan No. 6, §1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title.

Hearing Examiners Employed by Department of the Treasury

Functions vested by section 551 et seq. of this title in hearing examiners employed by Department of the Treasury not included in functions of officers, agencies, and employees of Department transferred to Secretary of the Treasury by 1950 Reorg. Plan No. 26, §1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to this title.

Hearing Examiners Appointed for Indian Probate Work

Hearing examiners appointed for Indian probate work pursuant to former section 372–1 of Title 25, Indians, having met qualifications required for appointment pursuant to this section, deemed to have been appointed pursuant to this section, see section 12(b) of Pub. L. 101–301, set out as a Savings Provision note under former section 372–1 of Title 25.

Cross References

Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see section 559 of this title.

Communications Act, joint boards as having the same jurisdiction and powers as is conferred upon examiner by this section, see section 410 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.

Compensation, see section 5372 of this title.

Matters involving selection or tenure of employees exempt from application of adjudicatory provisions of section 554 of this title except as they involve administrative law judges appointed under this section, see section 554 of this title.

Office of Personnel Management, investigations, reports, and regulations for purposes of this section as relating to administrative law judges, see section 1305 of this title.

Removal, see section 7521 of this title.

Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see section 559 of this title.

Use of administrative law judges from other agencies in case of temporary or occasional insufficiency in an agency, see section 3344 of this title.

Section Referred to in Other Sections

This section is referred to in sections 554, 556, 559, 1104, 1204, 1215, 1305, 3132, 3323, 3344, 4301, 5102, 5304, 5372, 7105, 7132, 7521, 7701 of this title; title 7 section 2023; title 15 sections 327, 1715; title 16 section 823b; title 19 section 1641; title 20 section 1234; title 29 sections 214, 661, 792; title 30 sections 804, 823, 932a; title 31 sections 3801, 6712, 6713, 6720; title 33 sections 873, 919; title 41 section 607; title 42 sections 2000e–4, 2282a, 3608, 3612, 6303, 8433; title 47 section 410; title 49 sections 10305, 10344, 11346, 46104; title 50 App. section 2412.