US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC3105]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES
 
Sec. 3105. Appointment of administrative law judges

    Each agency shall appoint as many administrative law judges as are 
necessary for proceedings required to be conducted in accordance with 
sections 556 and 557 of this title. Administrative law judges shall be 
assigned to cases in rotation so far as practicable, and may not perform 
duties inconsistent with their duties and responsibilities as 
administrative law judges.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415; Pub. L. 95-251, 
Sec. 2(a)(1), (b)(2), (d)(1), Mar. 27, 1978, 92 Stat. 183, 184.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1010 (1st            June 11, 1946, ch.
                      sentence).                    324, Sec.  11 (1st
                                                    sentence), 60 Stat.
                                                    244.
------------------------------------------------------------------------

    The words ``Subject to the civil service'' are omitted as 
unnecessary inasmuch as appointments are made subject to the civil 
service laws unless specifically excepted. The words ``and other laws 
not inconsistent with this chapter'' are omitted as unnecessary because 
of the organization of this title.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1978--Pub. L. 95-251 substituted references to administrative law 
judges for references to hearing examiners in section catchline and 
wherever appearing in text.


 References to Hearing Examiner Deemed References to Administrative Law 
                                  Judge

    Section 3 of Pub. L. 95-251 provided that: ``Any reference in any 
law, regulation, or order to a hearing examiner appointed under section 
3105 of title 5, United States Code, shall be deemed to be a reference 
to an administrative law judge.''


         Hearing Examiners Employed by Department of Agriculture

    Functions vested by section 551 et seq. of this title in hearing 
examiners employed by Department of Agriculture not included in 
functions of officers, agencies, and employees of that Department 
transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, 
Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the 
Appendix to this title.


          Hearing Examiners Employed by Department of Commerce

    Functions vested by section 551 et seq. of this title in hearing 
examiners employed by Department of Commerce not included in functions 
of officers, agencies, and employees of that Department transferred to 
Secretary of Commerce by 1950 Reorg. Plan No. 5, Sec. 1, eff. May 24, 
1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this 
title.


        Hearing Examiners Employed by Department of the Interior

    Functions vested by section 551 et seq. of this title in hearing 
examiners employed by Department of the Interior not included in 
functions of officers, agencies, and employees of that Department 
transferred to Secretary of the Interior by 1950 Reorg. Plan No. 3, 
Sec. 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, transferred set 
out in the Appendix to this title.


           Hearing Examiners Employed by Department of Justice

    Functions vested by section 551 et seq. of this title in hearing 
examiners employed by Department of Justice not included in functions of 
officers, agencies, and employees of that Department transferred to 
Attorney General by 1950 Reorg. Plan No. 2, Sec. 1, eff. May 24, 1950, 
15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to this title.


            Hearing Examiners Employed by Department of Labor

    Functions vested by section 551 et seq. of this title in hearing 
examiners employed by Department of Labor not included in functions of 
officers, agencies, and employees of Department transferred to Secretary 
of Labor by 1950 Reorg. Plan No. 6, Sec. 1, eff. May 24, 1950, 15 F.R. 
3174, 64 Stat. 1263, set out in the Appendix to this title.


        Hearing Examiners Employed by Department of the Treasury

    Functions vested by section 551 et seq. of this title in hearing 
examiners employed by Department of the Treasury not included in 
functions of officers, agencies, and employees of Department transferred 
to Secretary of the Treasury by 1950 Reorg. Plan No. 26, Sec. 1, eff. 
July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to 
this title.


           Hearing Examiners Appointed for Indian Probate Work

    Hearing examiners appointed for Indian probate work pursuant to 
former section 372-1 of Title 25, Indians, having met qualifications 
required for appointment pursuant to this section, deemed to have been 
appointed pursuant to this section, see section 12(b) of Pub. L. 101-
301, set out as a Savings Provision note under former section 372-1 of 
Title 25.

                  Section Referred to in Other Sections

    This section is referred to in sections 554, 556, 559, 1104, 1204, 
1215, 1305, 3132, 3323, 3344, 4301, 5102, 5304, 5372, 5372b, 7105, 7132, 
7521, 7701 of this title; title 7 section 2023; title 15 sections 327, 
1715; title 16 section 823b; title 19 section 1641; title 20 section 
1234; title 29 sections 214, 661, 792; title 30 sections 804, 823, 932a; 
title 31 sections 3801, 6712, 6713, 6720; title 33 sections 873, 919; 
title 41 section 607; title 42 sections 2000e-4, 2282a, 3608, 3612, 
6303, 8433; title 47 section 410; title 49 section 46104; title 50 App. 
section 2412.