83_FR_44476 83 FR 44307 - Procedures for Appointment of Administrative Law Judges for the Department of Labor

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)

Page Range44307-44308
FR Document2018-18924

Federal Register, Volume 83 Issue 169 (Thursday, 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]


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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.
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    \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.
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    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

Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44307 the office listed in the FOR FURTHER DEPARTMENT OF LABOR B. Applications will be directed to the INFORMATION CONTACT section above. Office of Executive Resources (OER) Office of the Secretary within the Office of the Assistant III. Current Actions Secretary for Administration and This revision request will allow ETA Procedures for Appointment of Management (OASAM) to be screened to meet its statutory responsibilities Administrative Law Judges for the for whether an applicant has submitted under the 2018 Act related to the H–2B Department of Labor all required documentation and meets nonimmigrant temporary non- the minimal qualifications for the Subject: Secretary’s Order 07–2018. agricultural employment-based visa 1. Purpose. To provide for transparent position. program. and consistent processes by which the C. OER will deliver qualified This information collection is subject applications to an interview panel Secretary of Labor shall select and to the PRA. A federal agency generally consisting of the Department’s Chief appoint individuals to be cannot conduct or sponsor a collection Administrative Law Judge, Chief Human Administrative Law Judges (ALJs) of information, and the public is Capital Officer, the Assistant Secretary within the Department of Labor (DOL or generally not required to respond to an for Policy, and a Member of the Department). information collection, unless it is 2. Authorities and Directives Affected. Employees’ Compensation Appeals approved by OMB under the PRA and A. Authorities. This Order is issued Board (ECAB). If any of the positions displays a currently valid OMB control pursuant to the following authorities: required for the review panel are vacant, number. In addition, notwithstanding i. U.S.C. art. II, § 2, cl. 2; the Secretary will select an alternative any other provisions of law, no person ii. 5 U.S.C. 3105; from the members of the Department’s shall generally be subject to penalty for iii. 5 CFR 6.2–6.4, 6.8; Senior Executive Service (SES). The failing to comply with a collection of iv. Executive Order Excepting Department’s Director for the Office of information that does not display a Administrative Law Judges from the Executive Resources, or designee, shall valid control number. See 5 CFR Competitive Service (July 10, 2018). be present for each meeting of the panel. 1320.5(a) and 1320.6. The Department B. Directives Affected. This Order D. The interview panel or their obtains OMB approval for this does not affect the authorities and designees will review and rank the information collection under control responsibilities assigned by any other qualified applications taking into number 1205–0531. Secretary’s Order or DLMS 10–100–205. account needs of the agency. The panel Title of the Collection: Attestation for 3. Background. The Secretary has the will then interview the top-ranked Employers Seeking to Employ H–2B authority and responsibility to appoint candidates for the open position(s) and Nonimmigrant Workers Under Section the Department’s ALJs. These forward their recommended candidates 205 of Division M of the Consolidated appointments should be made through a to the Deputy Secretary. Appropriations Act, 2018 Public Law transparent and consistent process. E. The Deputy Secretary in 115–141 (March 23, 2018). Accordingly, this Order establishes consultation with a career ethics Type of Review: Revision of a procedures by which these attorney from the Office of the Solicitor Currently Approved Information appointments shall be made. will provide the Secretary with the Collection. 4. Responsibilities. recommended candidate(s) for Form: Form ETA–9142–B–CAA–2. A. The Assistant Secretary for appointment as well as resumes of the OMB Number: 1205–0531. Administration and Management, in other top-ranked candidates interviewed Affected Public: Private Sector consultation with the Deputy Secretary, but not recommended. (businesses or other for-profits and not- is assigned responsibility for issuing F. The Secretary shall make the final for-profit institutions) and State, Local, written guidance, as necessary, to decision and appointment, or may and Tribal Governments. implement this Order. instead order another candidate search Total Estimated Annual Respondents: B. The Solicitor of Labor is be completed. 5,177. responsible for providing legal advice to 6. Qualifications. The notice of Annual Frequency: On occasion. DOL on all matters arising in the Total Estimated Annual Responses: vacancy and solicitation for application implementation and administration of shall require the following minimum 5,177. this Order. qualifications but may also contain Total Estimated Average Time per 5. Procedure. The following others: A J.D. from an accredited law Response: 1 hours. procedures shall apply to the selection school; licensure and authorization to Total Estimated Annual Burden and appointment of ALJs after the date practice law under the laws of a state, Hours: 5,177 hours. Total Estimated Annual Cost for of this Order: the District of Columbia, the Respondents: $0. A. A notice of vacancy and Commonwealth of Puerto Rico, or any Comments submitted in response to solicitation of applications shall be territorial court established under the this comment request will be posted in the Federal Register and/or on U.S. Constitution; an ‘‘active’’ 1 bar summarized and/or included in the the ALJ website or other appropriate status and/or membership in ‘‘good request for OMB approval of the ICR; location for public notice. The vacancy standing’’ for at least ten years total in they will also become a matter of public shall be held open for a minimum of at least one jurisdiction in which the record. Commenters are encouraged not thirty days, during which applications applicant is admitted; seven years of to submit sensitive information (e.g., shall be accepted, and can be relevant litigation or administrative law confidential business information or continuous, if desired. The notice shall experience; and knowledge of statutes personally identifiable information such specify: The minimum criteria for enforced by the Department of Labor, amozie on DSK3GDR082PROD with NOTICES1 as a social security number). appointment; the documentation an applicant must submit for 1 Judicial status is acceptable in lieu of ‘‘active’’ Rosemary Lahasky, consideration; the deadline, if any, by status in States that prohibit sitting judges from Deputy Assistant Secretary for Employment which such documentation must be maintaining ‘‘active’’ status to practice law. Being and Training, Labor. in ‘‘good standing’’ is acceptable in lieu of ‘‘active’’ submitted; and the email address and/ status in jurisdictions where the licensing authority [FR Doc. 2018–18817 Filed 8–29–18; 8:45 am] or physical address where considers ‘‘good standing’’ as having a current BILLING CODE 4510–FP–P documentation may be submitted. license to practice law. VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1

44308 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices such as the Black Lung Benefits Act, NUCLEAR REGULATORY the NRC’s Public Document Room (PDR) Service Contract Act, Longshore and COMMISSION reference staff at 1–800–397–4209, 301– Harbor Workers’ Compensation Act, 415–4737, or by email to pdr.resource@ [Docket Nos. 52–025 and 52–026; NRC– Fair Labor Standards Act, whistleblower 2008–0252] nrc.gov. The ADAMS accession number protections enforced by the for each document referenced (if it is Occupational Safety and Health Southern Nuclear Operating Company, available in ADAMS) is provided the Administration, or knowledge of other Inc., Vogtle Electric Generating Plant, first time that it is mentioned in this similar laws. Units 3 and 4; ITAAC for Pneumatic document. The request for the Testing of VES Air Lines amendment and exemption was A. Relevant litigation experience can submitted by letter dated December 20, include: Preparing for, participating in, AGENCY: Nuclear Regulatory 2017 and available in ADAMS under and/or conducting formal hearings, Commission. Accession No. ML17354A964 trials, or appeals at the federal, state, or ACTION: Exemption and combined • NRC’s PDR: You may examine and local level; participating in settlement or license amendment; issuance. purchase copies of public documents at plea negotiations in advance of such the NRC’s PDR, Room O1–F21, One proceedings; hearing cases; preparing SUMMARY: The U.S. Nuclear Regulatory White Flint North, 11555 Rockville opinions; participating in or conducting Commission (NRC) is granting an Pike, Rockville, Maryland 20852. arbitration, mediation, or other exemption to allow a departure from the FOR FURTHER INFORMATION CONTACT: alternative dispute resolution. certification information of Tier 1 of the Chandu Patel, Office of New Reactors, generic design control document (DCD) U.S. Nuclear Regulatory Commission, B. Relevant administrative law and has issued License Amendment experience is litigation experience in Washington, DC 20555–0001; telephone: Nos. 130 and 129 to Combined Licenses 301–415–3025; email: Chandu.Patel@ cases initiated before a governmental (COLs), NPF–91 and NPF–92. The COLs administrative body. nrc.gov. were issued to Southern Nuclear 7. Appointments. Sitting ALJs and Operating Company, Inc., and Georgia SUPPLEMENTARY INFORMATION: ALJ candidates selected under this Power Company, Oglethorpe Power I. Introduction Order are appointed Federal officers. Corporation, MEAG Power SPVM, LLC, The NRC is granting an exemption Appointment under this Order shall not MEAG Power SPVJ, LLC, MEAG Power from paragraph B of section III, ‘‘Scope affect any other authority of the SPVP, LLC, and the City of Dalton, and Contents,’’ of appendix D, ‘‘Design Secretary. Georgia (the licensee); for construction Certification Rule for the AP1000,’’ to and operation of the Vogtle Electric 8. Privacy. This Order is subject to the part 52 of title 10 of the Code of Federal Generating Plant (VEGP) Units 3 and 4, applicable laws, regulations, and Regulations (10 CFR), and issuing located in Burke County, Georgia. procedures concerning the privacy of License Amendment Nos. 130 and 129 The granting of the exemption allows applicants to federal government to COLs, NPF–91 and NPF–92, to the the changes to Tier 1 information asked employment. licensee. The exemption is required by for in the amendment. Because the paragraph A.4 of section VIII, 9. Exceptions. The requirements of acceptability of the exemption was ‘‘Processes for Changes and this Order are intended to be general in determined in part by the acceptability Departures,’’ appendix D, to 10 CFR part nature, and accordingly shall be of the amendment, the exemption and 52 to allow the licensee to depart from construed and implemented consistent amendment are being issued Tier 1 information. With the requested with more specific requirements of any concurrently. amendment, the licensee sought statute, Executive Order, or other legal DATES: The exemption and amendment proposed changes that would revise the authority governing the Department’s were issued on July 10, 2018. Updated Final Safety Analysis Report in Office of Administrative Law Judges. In ADDRESSES: Please refer to Docket ID the form of changes from the the event of a conflict, the specific NRC–2008–0252 when contacting the incorporated plant-specific Design statute, Executive Order, or other legal NRC about the availability of Control Document (DCD) Tier 2 authority shall govern. information regarding this document. information. The proposed amendment 10. Redelegation of Authority. Except You may obtain publicly-available also involves related changes to plant- as otherwise provided by law, all of the information related to this document specific Tier 1 information, with authorities delegated in this Order may using any of the following methods: corresponding changes to the associated be redelegated in order to serve the • Federal Rulemaking Website: Go to COL Appendix C information. purposes of this Order. http://www.regulations.gov and search Specifically, the licensee requested to for Docket ID NRC–2008–0252. Address allow a pneumatic test to be used in lieu 11. Effective Date. This Order is questions about NRC dockets to Jennifer a hydrostatic test for the Main Control effective immediately. This Order does Borges telephone: 301–287–9127; email: Room Emergency Habitability System not apply to ongoing ALJ hiring for Jennifer.Borges@nrc.gov. For technical consistent with American Society of which an interim procedure has been questions, contact the individual listed Mechanical Engineers Boiler and approved. in the FOR FURTHER INFORMATION Pressure Vessel Code, Section III. Part of Dated: August 16, 2018. CONTACT section of this document. the justification for granting the R. Alexander Acosta, • NRC’s Agencywide Documents exemption was provided by the review Access and Management System of the amendment. Because the amozie on DSK3GDR082PROD with NOTICES1 Secretary of Labor. (ADAMS): You may obtain publicly- exemption is necessary in order to issue [FR Doc. 2018–18924 Filed 8–29–18; 8:45 am] available documents online in the the requested license amendment, the BILLING CODE 4510–04–P ADAMS Public Documents collection at NRC granted the exemption and issued http://www.nrc.gov/reading-rm/ the amendment concurrently, rather adams.html. To begin the search, select than in sequence. This included issuing ‘‘Begin Web-based ADAMS Search.’’ For a combined safety evaluation containing problems with ADAMS, please contact the NRC staff’s review of both the VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1


Document Created: 2018-08-30 01:20:47
Document Modified: 2018-08-30 01:20:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 44307 
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