Administrative Law Judges Withdrawal
Summary
The Office of Personnel Management (OPM) has formally withdrawn its 2020 notice of proposed rulemaking (NPRM) that would have revised regulations governing the appointment and employment of administrative law judges (ALJs). The withdrawal affects federal hiring procedures under RIN 3206-AN72 and Docket ID OPM-2025-0274. OPM cited that comments received in 2020 are over five years old and that agencies have already implemented Executive Order 13843 through separate channels.
What changed
OPM has formally withdrawn its September 2020 proposed rule (RIN 3206-AN72, Docket OPM-2025-0274) that would have revised 5 CFR Parts 212, 213, 302, and 930 to update administrative law judge appointment and employment regulations. The NPRM would have implemented Executive Order 13843 creating Schedule E of the excepted service for ALJs and updated existing employment regulations. OPM received approximately 41 comments during the original 60-day comment period ending November 20, 2020.
No immediate action is required by regulated entities. The withdrawal confirms that agencies have independently implemented EO 13843, making the 2020 proposal moot. OPM indicates plans to address Schedule E through separate rulemaking under RIN 3206-AO92 later in 2026. Affected agencies and legal professionals should monitor for the upcoming comprehensive excepted service rulemaking.
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Apr 2, 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.
Proposed Rule
Administrative Law Judges; Withdrawal
A Proposed Rule by the Personnel Management Office on 04/02/2026
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Document Details
Document Dates
- Table of Contents
- Public Comments
- Regulations.gov Data
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- Public Inspection Published Document: 2026-06445 (91 FR 16584) Document Headings ###### Office of Personnel Management
- 5 CFR Parts 212, 213, 302, and 930
- [Docket ID: OPM-2025-0274]
- RIN 3206-AN72 ( printed page 16584) # AGENCY:
Office of Personnel Management.
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
Published Document: 2026-06445 (91 FR 16584)
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