OPM Withdraws Administrative Law Judges Proposed Rule
Summary
OPM formally withdrew its 2020 proposed rule to revise regulations governing administrative law judge (ALJ) appointments and employment. The proposal, which would have implemented Executive Order 13843 and updated hiring rules for Schedule E of the excepted service, received 41 comments during the 60-day comment period. OPM cited the age of the comments and agencies' independent implementation of the executive order as rationale for withdrawal.
What changed
OPM has formally withdrawn its September 2020 notice of proposed rulemaking that would have revised regulations governing the appointment and employment of administrative law judges. The proposal sought to implement Executive Order 13843 and update hiring procedures following the 2018 creation of Schedule E of the excepted service for ALJs.
Agencies that submitted comments on the 2020 NPRM and administrative law judge hiring professionals should note that this specific rulemaking is closed. However, OPM has indicated it will revisit these provisions as part of a broader overhaul of excepted service regulations under RIN 3206-AO92 later in 2026, which will address multiple legal changes affecting federal employment categories.
What to do next
- Monitor OPM regulatory docket for upcoming Schedule E and excepted service reforms (RIN 3206-AO92)
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Content
ACTION:
Withdrawal of proposed rule.
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The docket for this withdrawn rule is available at https://www.regulations.gov/docket/OPM-2025-0274.
FOR FURTHER INFORMATION CONTACT:
Michael J. Mahoney (202) 936-3265 or email: employ@opm.gov.
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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