5 U.S.C. § 3105 Appointment of Administrative Law Judges

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-21 (published on www.congress.gov on 11/13/2023)

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.

Cite as 5 U.S.C. § 3105

Source: 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.

current through 8/1/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Derivation</TD> <TD>U.S. Code</TD> <TD>Revised Statutes and <para>Statutes at Large</para> </TD> </TR> <TR> <TD/> <TD> <codecitation statecd="US" datatype="S" title="5">5 U.S.C. <codesec>1010</codesec></codecitation> (1st sentence).</TD> <TD>June 11, 1946, ch. 324, §11 (1st sentence), 60 Stat. 244.</TD> </TR> </TABLE>

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.

EDITORIAL NOTES

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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.

REFERENCES TO HEARING EXAMINER DEEMED REFERENCES TO ADMINISTRATIVE LAW JUDGE

Pub. L. 95-251, §3, Mar. 27, 1978, 92 Stat. 184, 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."

EXECUTIVE DOCUMENTS

HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF AGRICULTURE