Proposed Rule2026-06445

Administrative Law Judges; Withdrawal

Primary source

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Published
April 2, 2026

Issuing agencies

Personnel Management Office

Abstract

The Office of Personnel Management is clarifying its withdrawal of a proposed rule published on September 21, 2020. The notice of proposed rulemaking, among other things, proposed revising OPM's regulations governing the appointment and employment of administrative law judges (ALJs). OPM is withdrawing the proposed rule.

Full Text

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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Proposed Rules]
[Page 16584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06445]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 91, No. 63 / Thursday, April 2, 2026 / 
Proposed Rules

[[Page 16584]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 212, 213, 302, and 930

[Docket ID: OPM-2025-0274]
RIN 3206-AN72


Administrative Law Judges; Withdrawal

AGENCY: Office of Personnel Management.

ACTION: Withdrawal of proposed rule.

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SUMMARY: The Office of Personnel Management is clarifying its 
withdrawal of a proposed rule published on September 21, 2020. The 
notice of proposed rulemaking, among other things, proposed revising 
OPM's regulations governing the appointment and employment of 
administrative law judges (ALJs). OPM is withdrawing the proposed rule.

DATES: OPM withdraws the proposed rule as of April 2, 2026.

ADDRESSES: The docket for this withdrawn rule is available at <a href="https://www.regulations.gov/docket/OPM-2025-0274">https://www.regulations.gov/docket/OPM-2025-0274</a>.

FOR FURTHER INFORMATION CONTACT: Michael J. Mahoney (202) 936-3265 or 
email: <a href="/cdn-cgi/l/email-protection#dabfb7aab6b5a39ab5aab7f4bdb5ac"><span class="__cf_email__" data-cfemail="12777f627e7d6b527d627f3c757d64">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: On September 21, 2020, the Office of 
Personnel Management (OPM) published a notice of proposed rulemaking 
(NPRM or proposed rule) titled ``Administrative Law Judges'' in the 
Federal Register. See 85 FR 59207. The NPRM proposed to revise OPM's 
regulations governing the appointment and employment of administrative 
law judges (ALJs). The proposed rule would have implemented Executive 
Order (E.O.) 13843 titled ``Excepting Administrative Law Judges from 
the Competitive Service.'' It would have updated the rules for ALJ 
hiring in light of the 2018 creation of schedule E of the excepted 
service for ALJs and updated the existing ALJ employment regulations to 
reflect other changes in the law.
    In response to the NPRM, OPM received approximately 41 comments 
during the 60-day comment period which ended on November 20, 2020.
    OPM is withdrawing this proposal as the comments are over five 
years old, and agencies have implemented E.O. 13843. OPM plans to 
propose regulatory changes to implement Schedule E as part of another 
rulemaking later this year that will overhaul the excepted service 
regulations to reflect a variety of legal changes. See RIN 3206-AO92.
    OPM hereby withdraws the NPRM.

Signing Statement

    The Director of OPM, Scott Kupor, reviewed and approved this 
document and has authorized the undersigned to electronically sign and 
submit this document to the Office of the Federal Register for 
publication.

Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.
[FR Doc. 2026-06445 Filed 4-1-26; 8:45 am]
BILLING CODE 6325-39-P


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Indexed from Federal Register on April 2, 2026.

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