83 FR 44307 - Procedures for Appointment of Administrative Law Judges for the Department of Labor

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 83, Issue 169 (August 30, 2018)

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44307-44308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18924]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Procedures for Appointment of Administrative Law Judges for the 
Department of Labor

    Subject: Secretary's Order 07-2018.
    1. Purpose. To provide for transparent and consistent processes by 
which the Secretary of Labor shall select and appoint individuals to be 
Administrative Law Judges (ALJs) within the Department of Labor (DOL or 
Department).
    2. Authorities and Directives Affected.
    A. Authorities. This Order is issued pursuant to the following 
authorities:
    i. U.S.C. art. II, Sec.  2, cl. 2;
    ii. 5 U.S.C. 3105;
    iii. 5 CFR 6.2-6.4, 6.8;
    iv. Executive Order Excepting Administrative Law Judges from the 
Competitive Service (July 10, 2018).
    B. Directives Affected. This Order does not affect the authorities 
and responsibilities assigned by any other Secretary's Order or DLMS 
10-100-205.
    3. Background. The Secretary has the authority and responsibility 
to appoint the Department's ALJs. These appointments should be made 
through a transparent and consistent process. Accordingly, this Order 
establishes procedures by which these appointments shall be made.
    4. Responsibilities.
    A. The Assistant Secretary for Administration and Management, in 
consultation with the Deputy Secretary, is assigned responsibility for 
issuing written guidance, as necessary, to implement this Order.
    B. The Solicitor of Labor is responsible for providing legal advice 
to DOL on all matters arising in the implementation and administration 
of this Order.
    5. Procedure. The following procedures shall apply to the selection 
and appointment of ALJs after the date of this Order:
    A. A notice of vacancy and solicitation of applications shall be 
posted in the Federal Register and/or on the ALJ website or other 
appropriate location for public notice. The vacancy shall be held open 
for a minimum of thirty days, during which applications shall be 
accepted, and can be continuous, if desired. The notice shall specify: 
The minimum criteria for appointment; the documentation an applicant 
must submit for consideration; the deadline, if any, by which such 
documentation must be submitted; and the email address and/or physical 
address where documentation may be submitted.
    B. Applications will be directed to the Office of Executive 
Resources (OER) within the Office of the Assistant Secretary for 
Administration and Management (OASAM) to be screened for whether an 
applicant has submitted all required documentation and meets the 
minimal qualifications for the position.
    C. OER will deliver qualified applications to an interview panel 
consisting of the Department's Chief Administrative Law Judge, Chief 
Human Capital Officer, the Assistant Secretary for Policy, and a Member 
of the Employees' Compensation Appeals Board (ECAB). If any of the 
positions required for the review panel are vacant, the Secretary will 
select an alternative from the members of the Department's Senior 
Executive Service (SES). The Department's Director for the Office of 
Executive Resources, or designee, shall be present for each meeting of 
the panel.
    D. The interview panel or their designees will review and rank the 
qualified applications taking into account needs of the agency. The 
panel will then interview the top-ranked candidates for the open 
position(s) and forward their recommended candidates to the Deputy 
Secretary.
    E. The Deputy Secretary in consultation with a career ethics 
attorney from the Office of the Solicitor will provide the Secretary 
with the recommended candidate(s) for appointment as well as resumes of 
the other top-ranked candidates interviewed but not recommended.
    F. The Secretary shall make the final decision and appointment, or 
may instead order another candidate search be completed.
    6. Qualifications. The notice of vacancy and solicitation for 
application shall require the following minimum qualifications but may 
also contain others: A J.D. from an accredited law school; licensure 
and authorization to practice law under the laws of a state, the 
District of Columbia, the Commonwealth of Puerto Rico, or any 
territorial court established under the U.S. Constitution; an 
``active'' \1\ bar status and/or membership in ``good standing'' for at 
least ten years total in at least one jurisdiction in which the 
applicant is admitted; seven years of relevant litigation or 
administrative law experience; and knowledge of statutes enforced by 
the Department of Labor,

[[Page 44308]]

such as the Black Lung Benefits Act, Service Contract Act, Longshore 
and Harbor Workers' Compensation Act, Fair Labor Standards Act, 
whistleblower protections enforced by the Occupational Safety and 
Health Administration, or knowledge of other similar laws.
---------------------------------------------------------------------------

    \1\ Judicial status is acceptable in lieu of ``active'' status 
in States that prohibit sitting judges from maintaining ``active'' 
status to practice law. Being in ``good standing'' is acceptable in 
lieu of ``active'' status in jurisdictions where the licensing 
authority considers ``good standing'' as having a current license to 
practice law.
---------------------------------------------------------------------------

    A. Relevant litigation experience can include: Preparing for, 
participating in, and/or conducting formal hearings, trials, or appeals 
at the federal, state, or local level; participating in settlement or 
plea negotiations in advance of such proceedings; hearing cases; 
preparing opinions; participating in or conducting arbitration, 
mediation, or other alternative dispute resolution.
    B. Relevant administrative law experience is litigation experience 
in cases initiated before a governmental administrative body.
    7. Appointments. Sitting ALJs and ALJ candidates selected under 
this Order are appointed Federal officers. Appointment under this Order 
shall not affect any other authority of the Secretary.
    8. Privacy. This Order is subject to the applicable laws, 
regulations, and procedures concerning the privacy of applicants to 
federal government employment.
    9. Exceptions. The requirements of this Order are intended to be 
general in nature, and accordingly shall be construed and implemented 
consistent with more specific requirements of any statute, Executive 
Order, or other legal authority governing the Department's Office of 
Administrative Law Judges. In the event of a conflict, the specific 
statute, Executive Order, or other legal authority shall govern.
    10. Redelegation of Authority. Except as otherwise provided by law, 
all of the authorities delegated in this Order may be redelegated in 
order to serve the purposes of this Order.
    11. Effective Date. This Order is effective immediately. This Order 
does not apply to ongoing ALJ hiring for which an interim procedure has 
been approved.

    Dated: August 16, 2018.
R. Alexander Acosta,
Secretary of Labor.
[FR Doc. 2018-18924 Filed 8-29-18; 8:45 am]
 BILLING CODE 4510-04-P