U.S. Office of Personnel Management
Employment Service
Administrative Law Judges Office
1900 E Street, NW., Room 6321
Washington, DC 20415-0001
******DOCUMENT 1 OF 6*******
ADMINISTRATIVE LAW JUDGE EXAMINATION ANNOUNCEMENT NO. 318,
AMENDED JUNE 1996
Opportunities in the Federal Government as an Administrative Law Judge: Positions
are in various Federal agencies in Washington, DC, throughout the United States,
and in Puerto Rico. Pay ranges from 65% to 90% of Level IV of the Executive
Schedule, depending on prior experience and qualifications.
I. HOW TO APPLY
A. General Information
Individuals who wish to apply for positions as Administrative Law Judges with an
agency of the United States Government should read this examination announcement
with care before they start preparing their application. Applicants must clearly satisfy
all the examination standards, in full accord with the procedural requirements set forth
below. The United States Government is vitally interested in ensuring that only the very
best-qualified applicants in this examination receive appointments as Administrative
Law Judges.
B. Equal Employment Opportunity
Applicants will be considered without regard to race, religion, age, color, national origin,
sex, disabilities, marital status, political affiliations, or any other non-merit factor.
Applicants with disabilities should make it known to the Office of Personnel
Management (OPM) well in advance if modified examining procedures will be needed.
C. Examination Requirements and Rating Process
Federal Administrative Law Judges must be attorneys licensed to practice law. They
are selected based on merit, following a rigorous examination. Each part of the
examination evaluates applicants on the extent to which they possess knowledge,
skills, and abilities that a job analysis among incumbent Administrative Law Judges has
shown to be critical for successful performance.
To meet minimum qualifications requirements, applicants must demonstrate in their
application that they have a total of 7 years' experience as an attorney preparing for,
participating in, and/or reviewing formal hearings or trials involving administrative law
and/or litigation at the Federal, state or local level. In addition, applicants must
demonstrate that they have had 2 years of qualifying experience at a level of difficulty
and responsibility characteristic of at least senior level GS-13, or 1 year characteristic of
at least GS-14 or GS-15 Federal Government attorneys actively involved in
administrative law and/or litigation work.
Applicants who meet minimum qualifications requirements will be evaluated based on
accomplishments described in a Supplemental Qualifications Statement. The
accomplishments must show knowledge of administrative procedures, rules of
evidence, and trial practices; analytical ability; decision-making ability; oral
communications ability and judicial temperament; writing ability; and organizational
skills, as more fully described in Section V: Quality Of Experience.
Also, all applicants who meet minimum qualifications requirements will be invited to
participate in the three other examination steps:
1. A Written Demonstration showing ability to prepare a written decision similar
to that prepared by Administrative Law Judges.
2. A Personal Reference Inquiry verifying attainment of the knowledge, skills,
and abilities required of Administrative Law Judges.
3. A Panel Interview showing ability to deal with people, to communicate orally,
to make decisions, and to analyze and evaluate situations.
As applicants complete the entire rating process, a final numerical rating will be
assigned on a scale of 70-100 based on scores earned on the Supplemental
Qualifications Statement, the Written Demonstration, the Panel Interview, and the
Personal Reference Inquiry. Final ratings will then be adjusted for veterans' preference
where applicable. Applicants assigned eligible ratings will have their names placed on
the competitive inventory, or register of eligibles, for referral to agencies for
consideration for appointment to vacant positions.
D. What to File
Individuals who wish to apply for examination of their qualifications to become
Administrative Law Judges must submit the material listed below and explained in more
detail on the following pages:
1. Statement of license to practice law as an attorney for at least the past 7 years.
2. An employment application, in duplicate. The application may be in the form of
any one of the following three formats:
a resume;
"Optional Application for Federal Employment", Optional Form 612; or
any other written document.
3. List of ten (10) significant, formal administrative law and/or litigation cases (in
duplicate) which the applicant prepared for, participated in, or approved.
4. Copy of one brief, memorandum, or decision primarily written by the applicant in a
significant case (in duplicate).
5. OPM Form 1170/72, "Supplemental Qualifications Statement for Administrative Law
Judge Positions, Part I" (in duplicate).
6. Standard Form 15, "Application for 10-Point Veteran Preference", if claiming
10-point veterans' preference.
7. List of supervisors and legal references.
E. Where to Get Forms
The forms identified in Paragraph D, items 2, 5, and 6 above, may be obtained from the
U.S. Office of Personnel Management, Office of Administrative Law Judges, at the
address shown in Paragraph F below. Formats for listing cases and
supervisors/references appear inside the back cover of this announcement.
General information about Federal employment may be obtained through the Career
America Connection by calling 912-757-3000.
F. When and Where to File
Applications under this examination may be submitted at any time to the Office of
Administrative Law Judges. Completed applications must be sent to the U.S. Office of
Personnel Management, Office of Administrative Law Judges, 1900 E Street, NW.,
Washington, DC 20415-0001.
II. ADMINISTRATIVE LAW JUDGES -- WHAT THEY DO
A. Background
The Administrative Law Judge function was created by the Administrative Procedure
Act in 1946. The Administrative Procedure Act sought to ensure fairness and due
process in administrative proceedings before Federal Government agencies. It also
provided for a merit selection system and statutory protection of Administrative Law
Judges' independence and impartiality.
The Federal Government employs approximately 1,200 Administrative Law Judges in
32 agency hearing programs listed on the front inside cover of this announcement.
However, about 900 of the 1,200 judges hear primarily benefits cases in a single
agency--the Social Security Administration. The other 300 judges hear primarily
regulatory cases in other agencies. The positions are located in Washington, DC,
throughout the United States, and Puerto Rico.
B. Function: Hearing Formal Cases
The function of an Administrative Law Judge as an independent, impartial trier of fact in
formal hearings is similar to that of a trial judge conducting civil trials without a jury. In
general, Administrative Law Judges prepare for and preside at formal hearings required
by statute, to be held under or in substantial accord with provisions of the
Administrative Procedure Act, in sections 553-559 of title 5, United States Code.
Formal hearings conducted by Administrative Law Judges involve cases where all
interested parties are given advance notice of the hearing; an opportunity to submit
facts, arguments, offers of settlement or proposals of adjustment; and an opportunity to
be accompanied, represented, and advised by counsel or other qualified
representatives. Administrative Law Judges rule on preliminary motions, conduct
pre-hearing conferences, issue subpoenas, control hearings (which may include written
and/or oral testimony and cross-examination), review briefs, and prepare and issue
initial or recommended decisions, along with written findings of fact and conclusions of
law therefrom. Oral or documentary evidence may be received, but irrelevant,
immaterial, or unduly repetitious evidence is excluded. Decisions are issued upon
consideration of the whole record, or those parts of it cited by a party and supported by
and in accord with reliable, probative, and substantial evidence.
Administrative Law Judges may hold frequent hearings of an hour or so, or infrequent
hearings lasting several weeks or more, depending upon the agency in which they are
employed. Hearings are held in various locations throughout the United States, and
some travel may be required to reach these locations. The scope, formality, and
complexity of proceedings before them may vary from agency to agency, but generally
Administrative Law Judges control the proceedings from the time a case is assigned
until an initial or recommended decision is issued. If the decision of an Administrative
Law Judge is neither appealed nor reviewed by the agency within a prescribed time
limit, the decision generally becomes the final agency decision.
C. Types of Cases Heard
Administrative Law Judges conduct hearings, develop records, apply technical
expertise, and recommend or render binding decisions that have a far-reaching impact
on the lives and property of individual citizens and on the economic welfare of our
nation as a whole. Cases involve Federal Government laws and regulations in such
areas as admiralty, advertising, antitrust, banking, communications, energy,
environmental protection, food and drugs, health and safety, housing, immigration,
interstate commerce, international trade, labor management relations, securities and
commodities markets, Social Security, transportation, and worker's compensation.
Principal types of administrative law cases heard by Administrative Law Judges include
the following:
-- Cases involving individual claims for disability or worker's compensation benefits.
-- Cases involving the approval or prescription of rates, wages, corporate or financial
structures or reorganizations thereof; prices, facilities, appliances, services or
allowances therefore; or valuations, costs, accounting, marketing or other practices.
-- Cases involving prosecution or defense of alleged violations of public laws or
regulations of public bodies, including money claims arising therefrom or declaratory
proceedings.
-- Cases involving the grant, revocation, or amendment of a public license (other than
those involving common occupations), permit, certificate, approval, registration, charter,
or membership.
-- Cases involving the grant, denial, or recovery of civil money payments or other
benefits.
D. Duties
The typical duties of Administrative Law Judges are to:
1. Administer oaths and affirmations.
2. Issue subpoenas authorized by law.
3. Rule upon offers of proof and receive relevant evidence.
4. Take or cause the taking of depositions.
5. Regulate the course of the hearing.
6. Hold pre-hearing conferences for the settlement or simplification of issues.
7. Rule upon procedural or similar requests.
8. Question witnesses.
9. Consider the facts in the record, the arguments and contentions made, and issues
involved.
10. Determine credibility and make findings of fact and conclusions of law.
11. Recommend decisions or make initial decisions based on reliable, probative, and
substantial evidence on the record.
12. Take actions authorized by agency rule and Federal statutes consistent with the
provisions of the Administrative Procedure Act.
Also, Administrative Law Judges may be required to perform additional duties
consistent with their overall duties as Administrative Law Judges.
E. Appointment and Tenure
Individuals may become Administrative Law Judges only by appointment from the
Administrative Law Judge register established as the result of this competitive
examination. Administrative Law Judges receive a "career" appointment, and there is
no probationary or career-conditional period to be served. Administrative Law Judge
positions may be filled by appointment from the register, or by the reinstatement,
reassignment or transfer of a person who has formerly received an appointment as an
Administrative Law Judge.
Generally, employing agencies may take involuntary personnel actions against
Administrative Law Judges only for good cause established and determined by the
Merit Systems Protection Board (MSPB) on the record after opportunity for hearing
before the MSPB.
This includes the following actions: (1) removal, (2) suspension, (3) reduction in level,
(4) reduction in pay, and (5) furlough of 30 days or less. The requirement of a hearing
before the MSPB does not apply to reduction-in-force actions, or to suspension or
removal actions in the interests of national security, under section 7532 of title 5, United
States Code. Agencies may take such actions on their own authority under general
procedures prescribed by law and regulation.
F. Pay
Administrative Law Judges have a special pay schedule and are also entitled to locality-based
comparability payments, where applicable. The pay ranges from 65% to 90% of
Level IV of the Executive Schedule. A copy of the pay schedule may be obtained from
the Office of Administrative Law Judges.
III. EXPERIENCE REQUIREMENTS
A. License to Practice Law
At the time of filing, and for a period of at least 7 years prior thereto, applicants must
have been duly licensed and authorized to practice law as attorneys under the laws of a
state, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court
established under the Constitution.
B. Qualifying Experience: Administrative Law and/or Litigation Experience
Applicants must have at least a full 7 years of experience as attorneys preparing for,
participating in, and/or reviewing formal hearings or trials, involving (l) administrative
law, and/or (2) litigation at the Federal, state or local level.
1. Administrative Law Experience
Participation in settlement actions in advance of hearing, preparation for hearing, and/or
trial of cases in which a formal procedure has been initiated by a governmental
administrative body; or preparation of opinions in such cases; or hearing such cases; or
participation in appeals therefrom. Cases must have been conducted on the record
under formal procedures prescribed by, or in substantial accord with, the Administrative
Procedure Act, sections 553-559 of title 5, United States Code, as described generally
in Part II, paragraph B of this announcement.
2. Litigation Experience
Participation in settlement actions in advance of trial, preparation for trial, and/or trial of
cases in which a complaint has been filed with or an indictment issued by a court; or
preparation of opinions in such cases; or hearing such cases; or participation in appeals
therefrom. Cases must have been conducted on-the-record under procedures at least
as formal as those prescribed by the Administrative Procedure Act.
C. Level of Experience
To qualify for an Administrative Law Judge position, applicants must have had 2 years
of qualifying experience at a level of difficulty and responsibility characteristic of at least
senior level GS-13, or 1 year characteristic of at least GS-14 or GS-15, Federal
Government attorneys actively involved in administrative law and/or litigation work.
D. Citizenship Requirement
Administrative Law Judges must be United States citizens.
IV. EXAMPLES OF EXPERIENCE
A. Qualifying Experience
The following types of legal experience will generally provide applicants with the
knowledge, skills and abilities required of Administrative Law Judges, AND meet the
qualifying experience requirement defined in Part III, Paragraph B of this
announcement:
1. Judge, magistrate, master, or referee of a court of record;
2. Head (or one of the heads) of a governmental administrative body, responsible for
(l) conducting or supervising the conduct of formal, legal hearings, and (2) making
decisions on the basis of the record of such hearings;
3. Responsible official in a governmental administrative body who is required to (a)
review, analyze, evaluate, and recommend action to be taken by the head(s) of the
body on case decisions or recommended case decisions made by hearing officers on
the basis of the record of formal hearings; or (b) render responsible assistance to the
head(s) of the body in the preparation for, or hearing of, cases coming for a formal
hearing before the head(s) of the body, or in the preparation of decisions by the head(s)
of the body on such cases;
4. Attorney in a governmental administrative body presiding over formal hearings and
making or recommending decisions on the basis of the record of such hearings;
5. Private or government attorney (including military) in cases involving settlement in
advance of, preparation for, presentation at, and/or review of, formal hearings
conducted by governmental administrative bodies or court proceedings relating directly
thereto;
6. Private or government attorney in cases involving settlement actions in advance of,
preparation for and/or presentation at formal hearings or trials in court, or the
preparation and presentation of appeals therefrom; or,
7. Supervisor of subordinates engaged in functions described in Categories 3 through
6 above.
In rare and unusual instances and in addition to the types of qualifying experience listed
above, certain other legal experience, although itself not qualifying towards meeting the
7 years length-of-experience requirement, may provide applicants with the knowledge,
skills and abilities required of Administrative Law Judges. For example, experience as
an attorney with formal hearings or trials as a law clerk, adjudicator, arbitrator, mediator,
or professor of law in courses such as evidence, procedure and administrative law, may
provide applicants with such knowledge, skills and abilities.
B. Non-qualifying Experience
There are other types of experience that do not provide applicants with the knowledge,
skills and abilities required of Administrative Law Judges. Listed below are some types
of positions in which hearings or trials are not formal AND in which qualifying
experience is not obtained:
1. Claims Reviewer
2. Clerk of Court
3. Conferee
4. Contract Officer
5. Insurance Adjuster
6. Investigator, under any job title
7. Moderator
8. Officer of any Court not of record
9. Rating Specialist
10. State Unemployment Insurance Supervisor
11. Hearing officer in informal hearings.
Also, experience with uncontested cases involving misdemeanors, probate, domestic
relations, tort matters, and cases of a similar nature in which there is no formal hearing
procedure does not provide applicants with the knowledge, skills and abilities that are
essential for successful performance as Administrative Law Judges.
C. Service with the U.S. Armed Forces
For applicants entitled to veterans' preference, time spent in the Armed Forces of the
United States shall be considered as qualifying experience in either of the two following
ways, depending upon which will be of more benefit to applicants:
1. Such service may be considered on the basis of actual duties performed by
applicants in the military service, or
2. Such service may be considered as an extension of the employment in which
applicants were engaged immediately before entrance into the military service.
When military service is credited in this way, applicants are considered to have
continued performing the duties of the positions they left.
D. Part-time or Unpaid Experience
Credit will be given for all qualifying experience, regardless of whether compensation
was received or whether the experience was gained in a part time or full-time
occupation. Part-time or unpaid experience will be credited based on time actually
spent in qualifying activities. Applicants wishing to receive credit for such experience
must indicate clearly the nature of their duties and responsibilities in each position and
the average number of hours spent per week.
E. Special Consideration for Filling Certain Positions
If applicants have 2 years or more of qualifying formal hearing experience in the field of
substantive law in which a particular Federal Government agency is involved, they
should indicate such agency-specific subject matter expertise in describing their
experience in their application. Also, if applicants have 2 years or more of qualifying
experience in such areas as anti-trust, economic analysis, proof of medical evidence, or
statistics, they should so indicate. If applicants have 2 years or more of supervisory or
managerial experience, or are bilingual in Spanish and English, they should so indicate.
Possession of such special expertise may be important in ultimate selection decisions
made by the employing agency. Generally, though, the Office of Personnel
Management will not adjust or enhance applicants' examination ratings for such
expertise. However, where agencies can justify by empirical data gathered through job
analysis that agency-specific subject matter expertise or other special skills enhance
performance on the job, the Office of Personnel Management will give special
consideration to such applicants in certifying them to agencies.
V. QUALITY OF EXPERIENCE
Applicants must describe in a "Supplemental Qualifications Statement for Administrative
Law Judge Positions," OPM Form 1170/72, the accomplishments demonstrating that
they possess the essential knowledge, skills and abilities needed in a successful judge.
Applicants must show that they can settle disputes; conduct hearings in a dignified,
orderly, and impartial manner; determine credibility of witnesses; sift and analyze
evidence; apply agency and court decisions; prepare clear and concise statements of
fact and law; draft orders; exercise sound judgment and make decisions. Applicants
must conclusively demonstrate that they possess the experience, temperament and
vigor required for successful, timely performance in a judicial position. Specifically,
applicants must have had experience and accomplishments in formal hearing
proceedings before either an administrative agency or a court, or other experience and
accomplishments, that demonstrate attainment of knowledge, skills, and abilities in the
following six (6) areas:
1. Knowledge of administrative procedures, rules of evidence, and trial practices.
Knowledge and application of rules of evidence and trial procedure. Knowledge of
laws and administrative procedures.
2. Analytical Ability
Ability to understand, interpret, and apply law. Ability to analyze, synthesize, and
evaluate evidence to define issues and facts. Ability to assimilate technical subject
matter.
3. Decision-Making Ability
Ability to make independent decisions in a fair and impartial manner. Ability to make
decisions in a timely manner.
4. Oral Communications Ability and Judicial Temperament
Ability to orally express oneself concisely and convincingly. Ability to elicit facts by
examining lay and expert witnesses or by other means. Ability to preside at and control
conferences, hearings or meetings.
5. Writing Ability
Ability to write clearly, concisely, and convincingly. Ability to articulate, organize and
render decisions effectively.
6. Organizational Skills
Ability to work diligently without direction and manage caseloads.
VI. SUBMISSION OF EXAMINATION MATERIAL
After reading this examination announcement and weighing their qualifying experience
under the prescribed standards, individuals who wish to apply for examination of their
qualifications to become Administrative Law Judges must complete and submit to the
Office of Administrative Law Judges the following information:
A. Statement of License to Practice Law
Applicants are required to provide a personal statement that they are duly licensed to
practice law at the time of filing, and were so licensed for a period of at least 7 years
prior thereto, under the laws of a state, the District of Columbia, the Commonwealth of
Puerto Rico, or any territorial court established under the Constitution. The date of
admission to the bar in each jurisdiction should be included in the statement. Also, the
license number should be provided.
If during this 7-year period, applicants have been disciplined or cited for breach of
ethics or unprofessional conduct by, or have been the subject of a complaint to any
court, administrative agency, bar association, disciplinary committee, or other
professional group, applicants are required to give a full explanation. If applicants have
not been the subject of such complaint, applicants should so state.
B. Application
Applicants are required to submit 2 complete copies of their application form. As
noted in Part I, Section D, Paragraph 2 of this announcement, the application may be
submitted in any one of three formats. And, although any form is acceptable, the form
itself must contain sufficient information to determine that the applicant meets the
qualifications requirements spelled out in the announcement, in terms of type, length
and quality of experience. Specifically, the application must fully describe how the
applicant meets the requirements spelled out in Part III, Section B, of this
announcement.
Only brief descriptions of non-qualifying experience need be furnished. However, all
periods of employment shown by applicants as having afforded qualifying experience
must be described specifically and in detail in order to convey a full and accurate
understanding of the nature, variety, complexity, responsibility, and difficulty of such
experience. Applicants should describe what they do, not merely refer to a position title
or description or a formal statement of duties and responsibilities. For example,
descriptions of experience such as "Private Practice of Law," "House Counsel for the
XYZ Corporation," "Assistant Attorney General for the State of Illinois," or "Attorney at
Law handling matters of extreme complexity involving difficult problems in many legal
fields" are uninformative. In reviewing applications, periods of service that are so
described will be disregarded on the assumption that the experience was not qualifying
experience.
Applicants must clearly establish, in the aggregate, the full 7 years of qualifying
experience in preparing for, participating in, and/or reviewing formal hearings or trials
involving administrative law and/or litigation at Federal, state or local levels. Therefore,
in describing a period of employment consisting of a combination of qualifying AND
non-qualifying experience, it is essential to show by percentages how the time was
divided between qualifying and non-qualifying types of experience. If this information is
not furnished, no part of that period of employment will be credited as qualifying
experience.
C. Case Listing Demonstrating Qualifying Administrative Law or Litigation Experience
The Office of Administrative Law Judges will not accept an unsubstantiated claim of any
applicant that 7 years of qualifying experience in preparing for, participating in, or
reviewing formal hearings or trials involving administrative law and/or litigation at the
Federal, state or local level has been obtained. In support of the claim, applicants must
cite and discuss in chronological order in the case listing format provided inside the
back cover of this announcement ten (10) of the most significant formal administrative
law and/or litigation cases they have prepared, participated in, and/or reviewed in the
relatively recent past. In rare and unusual cases where applicants worked on fewer
than ten cases during their 7 years of qualifying experience, they must thoroughly
explain the cases they did work on.
The case listing format requires applicants to cite each case, give a capsule summary
of the substance, describe their precise role, and provide the final disposition. In
addition, the case listing format requires applicants to identify the party represented,
inclusive dates of actual participation, and the names and addresses of the judge or
hearing officer and other attorneys who can verify the applicants' participation in the
case. Two typewritten copies of the case listing are required.
The case listing itself is not evaluated. It is used to substantiate claimed experience
and as a source of names for the Personal Reference Inquiry. One copy of the case
listing is provided to an agency upon certification for appointment consideration.
D. Brief, Memorandum, or Decision Primarily Written by Applicant
To assist in determining applicants' writing ability, applicants also must provide two
copies of a brief, memorandum of law, or decision primarily written by them in one of
the ten most significant cases cited in support of the case listing requirement described
above. Applicants must submit with such brief, memorandum, or decision a signed
statement of the extent of personal involvement in and responsibility for preparation of
the document.
The brief is not scored, but is used as reference material for the Panel Interview and is
provided to an agency upon certification for appointment consideration.
E. OPM Form 1170/72, "Supplemental Qualifications Statement for Administrative Law
Judge Positions"
Applicants are required to submit two copies of the Supplemental Qualifications
Statement that has been designed to assess the extent to which their accomplishments
have demonstrated they possess the knowledge, skills, and abilities found through job
analysis among incumbent Administrative Law Judges to be essential for successful
performance. Applicants are required to prepare written statements of their experience
and accomplishments that demonstrate their knowledge, skills, and abilities in six areas
required for Administrative Law Judge work. Applicants should describe the whole of
their accomplishments--not just isolated examples. They should thoroughly describe
the relevance, difficulty, and scope of their accomplishments.
For each accomplishment applicants claim, they must provide the name, address and
telephone number of a person who is able to verify the accomplishment. Significant
administrative law and/or litigation cases cited by applicants for the case listing
requirement, in Paragraph C above, should be referenced wherever possible in the
supplemental statement in support of claimed accomplishments. Where such cases
are referenced in support of a particular accomplishment claimed, the judges or hearing
officers and other attorneys participating in the case are already identified in the case
listing. Therefore, they need not be identified again for verifying claimed
accomplishments in the Supplemental Qualifications Statement.
The Supplemental Qualifications Statement is a key document. It carries significant
weight. Therefore, much consideration and effort should be given to the preparation of
this document. This document is provided for reference to the people who conduct the
Panel Interview.
F. Standard Form 15, "Application for 10-Point Veteran Preference"
Applicants who wish to claim 10-point veterans' preference in this examination must
complete Standard Form 15, "Application for 10-point Veteran Preference."
G. List of Supervisors and Personal References
Applicants must provide a typewritten list of current and past supervisors and at least
three legal references in the format provided at the end of this announcement.
H. Deficiencies, Omissions or False Statements in Submitting Examination Material
Applicants who fail to submit the required information as specified in this announcement
will be contacted by The Office of Administrative Law Judges regarding deficiencies or
omissions. If applicants do not submit timely replies that cause their applications as
amended to comply fully with all the filing requirements set forth in this announcement,
ineligible ratings will be assigned to their applications.
It is essential that information regarding the nature and quality of applicants' claimed
experience and accomplishments be verified from informed and reliable sources before
applicants are given a final score. This information is usually obtained from applicants'
employers or supervisors, from a partner in a firm, from one or more associates, or from
one or more of the persons identified in the applicants' case listing. Therefore, it is
essential that applicants provide, as requested, names, addresses and telephone
numbers of persons having personal knowledge of the applicant. As explained in Part
VII below, applicants' present employers and other references will be sent Personal
Reference Inquiries as part of the final rating process before applicants are added to
the register or list of qualified applicants.
A false statement and/or response to a question in any of the materials submitted for
this examination may be grounds for denying eligibility, for removing applicants from the
list of eligibles, for not employing applicants, or for dismissing applicants after they
begin work, and may be punishable by fine or imprisonment (5 U.S.C. 1801).
I. Selective Service Act Requirement
The Defense Authorization Act of 1986 requires that all males born on or after January
1, 1960, who are required to register under the Military Selective Service Act, be
registered or be certified as exempt to be eligible for appointment to an executive
branch agency of the Federal Government. Therefore, a covered individual must
submit a copy of his Acknowledgment Letter or other proof of registration, or exemption
as applicable, issued by the Selective Service System. The individual must sign and
date the document and add a statement that it is being submitted as proof of Selective
Service registration, or exemption.
VII. THE RATING PROCESS
A. Minimum Qualifications
All applicants must initially demonstrate in their written applications and supporting
materials that they meet the minimum experience requirements of this announcement.
A thorough review will be made of applications and supporting materials to determine
whether or not the minimum qualifying experience requirements set out in Part III of this
announcement are fully met.
Applicants not meeting the minimum qualifications requirements described in this
announcement will be assigned ineligible ratings, and will not be assigned a numerical
score. Ineligible applicants will be sent a Notice of Results notifying them of their
ineligible rating.
Applicants meeting the minimum experience requirements will also be notified, but not
until they have completed the remaining four parts of the examination: The
Supplemental Qualifications Statement, the Written Demonstration, the Panel Interview,
and the Personal Reference Inquiry. At the completion of the total examination process,
applicants will be sent a Notice of Results to inform them of the final rating received on
the examination.
B. Supplemental Qualifications Statement
For applicants who meet the minimum qualifications requirements, a review will be
made of the accomplishments applicants identify in the "Supplemental Qualifications
Statement for Administrative Law Judge Positions" to determine the degree to which
they possess the required knowledge of administrative procedures, rules of evidence,
and trial practices; analytical ability; decision-making ability; oral communications ability
and judicial temperament; writing ability; and organizational skills. The required
knowledge, skills, and abilities are defined in Part V of this announcement. This part of
the examination process will carry the most weight in computing the final, composite
score.
C. Written Demonstration and Personal Reference Inquiry
Also, applicants who meet minimum qualifications requirements will be invited to
participate in two more rating steps: (1) a Written Demonstration, and (2) Personal
Reference Inquiry.
Applicants who decline to take part in these two steps will be removed from further
consideration.
1. Written Demonstration
The Written Demonstration will require about six hours, including an hour for lunch. For
applicants residing in the Washington, DC area, the Written Demonstration will be
administered in the central office of the Office of Personnel Management. For other
applicants, the Written Demonstration will be administered at an Office of Personnel
Management field office located near their place of residence. Any travel expenses
involved will be paid by applicants.
The purpose of the Written Demonstration is to test applicants' ability to prepare a clear,
concise and well-reasoned decision of the type that they might be expected to write if
employed as Administrative Law Judges. The Written Demonstration is neither
designed to test applicants' knowledge of the law, nor is it designed to elicit a particular
"right" or "wrong" answer to the problem presented. Rather, it is designed to measure
applicants' ability to analyze a statement of facts; apply statutes, regulations and policy
as provided; and write a well-reasoned decision, analyzing all of the pertinent issues
and subsidiary questions.
Applicants will be given sufficient advance notice to ensure that they will be able to
arrange to take part in the Written Demonstration on the appointed day. When it can be
arranged in advance with the office administering the examination, applicants will be
permitted to bring a typewriter and type the Written Demonstration. Prior to being
scheduled for the Written Demonstration, as well as for the Panel Interview described
below, applicants will be sent an information sheet on these two parts of the
examination and will be given other necessary details describing specific times, dates
and places for these two parts of the examination.
2. Personal Reference Inquiry
The Office of Administrative Law Judges will direct Personal Reference Inquiries to
persons who can evaluate applicants' knowledges and abilities as attorneys.
Inquiries will be sent to applicants' personal references, supervisors, hearing
officers/judges before whom applicants have appeared, and opposing counsel or
co-counsel in significant cases in which applicants have participated.
D. Panel Interview
As needed to meet agency need, the most highly qualified applicants identified on the
basis of satisfactory completion of the Supplemental Qualifications Statement, the
Written Demonstration, and the Personal Reference Inquiry, will be invited to participate
in a Panel Interview.
Applicants who decline to participate in this part of the examination process will be
removed from further consideration.
The Panel Interview will last approximately 1 hour and will be conducted at the field
offices of the Office of Personnel Management, its central office in Washington, DC,
and its offices in Hawaii, Puerto Rico and several other select offices. The panel will
consist of three persons specially designated by the Office of Personnel Management.
The panel will be chaired by a representative of the Office of Personnel Management.
A private sector attorney and an incumbent Administrative Law Judge normally will also
be invited to serve on the panel. Panel members may not be personally acquainted
with applicants being interviewed.
The purpose of the Panel Interview is to evaluate, by means of a panel of authorities in
law and personnel selection, applicants' abilities (1) to deal with people, (2) to
communicate orally, (3) to make decisions, and (4) to analyze and evaluate situations.
The interview is not intended to evaluate applicants' technical or legal knowledge.
Panel members will ask applicants hypothetical, job-related questions.
The Panel Interview will be held some time after the date on which applicants
participated in the Written Demonstration. Applicants who are scheduled for the Panel
Interview will be required to travel at their own expense.
E. Final Rating
A numerical rating on a scale of 70-100 will be assigned to applicants who complete all
parts of the examination. The final rating will be based on a careful evaluation of the
information furnished by applicants and the scores assigned for: (1) the Supplemental
Qualifications Statement, (2) the Written Demonstration, (3) the Personal Reference
Inquiry, and (4) the Panel Interview with a maximum possible total score of 100,
excluding veterans' preference. At this stage of the examination, applicants who are
entitled to veterans' preference will be assigned five or ten additional points in
accordance with the provisions of section 3309, title 5, United States Code.
Once final numerical ratings have been assigned to applications, applicants will be
notified of their final ratings and placed on the Administrative Law Judge Register.
F. Related Rating Matters
1. Availability and Geographic Preference
As applicants are placed on the register, their availability and geographic preference in
up to 132 locations which they choose in completing the "Geographic Preference
Statement for Applications for Administrative Law Judge Positions", will be included.
Additional preferences will be sought only in the unlikely event they become necessary.
Applicants who twice decline consideration when referred to agencies in accordance
with availability and preference information previously indicated will be removed from
further consideration. Therefore, in completing the geographic availability statement,
applicants should indicate availability and preference only in those locations in which
they are genuinely willing to live and work. Applicants may change such availability and
preference information from time to time by notifying the Office of Administrative Law
Judges. If applicants become unavailable for consideration for a period of time, they
may ask the Office of Administrative Law Judges to have their eligibility suspended.
2. Placement on the Register
The names of applicants who are assigned final eligible ratings are placed on the
register for referral by various geographic locations to agencies for filling vacant
Administrative Law Judge positions as they occur.
3. Issuance of Certificates
As agencies request referral of eligible applicants for appointment to vacant
Administrative Law Judge positions in various geographic areas, names of applicants
on the register will be certified in rank order according to their final numerical rating.
In rare cases where agencies have justified with empirical data gathered through job
analysis that agency-specific subject matter expertise or other special skills enhance
job performance, the Office of Personnel Management may give special consideration
to such applicants in certifying them to agencies.
The appointing agency will select for appointment to each vacancy from the highest
three eligibles available for appointment on the certificate, taking into consideration
veterans' preference rules.
VIII. MAINTAINING ELIGIBILITY
A. Updating Applications
Applicants with a final eligible rating must bring their application up to date periodically
at the request of the Office of Administrative Law Judges. This requirement is designed
to assure that the information in applicants' files is maintained on a current basis.
Applicants must continue to be duly licensed and authorized to practice law as
attorney's under the laws of a state, the District of Columbia, the Commonwealth of
Puerto Rico, or any territorial court established under the Constitution. When asked to
update their applications, applicants must document if they have been disciplined or
cited for breach of ethics or unprofessional conduct by, or have been the subject of a
complaint to any court, administrative agency, bar association, disciplinary committee,
or other professional group, applicants are required to give a full explanation, since
completing the original application. If applicants have not been subject to such
complaints, applicants should so state.
Applicants who fail to bring their experience up to date when requested will be removed
from consideration. In such cases, they may refile an application only after 1 year has
elapsed since the date of removal from consideration.
In addition, when bringing their experience up to date, applicants should notify the
Office of Administrative Law Judges of any changes in their previously indicated
availability and geographic preference information.
B. Obtaining New Rating
Applicants who receive a final eligible rating under this announcement may file a new
application package, including the Supplemental Qualifications Statements (OPM Form
1170/72), provided at least 1 year has elapsed since the date on which their final
ratings were previously issued. Such applicants may refer to information provided in
their previous applications, and they need not submit such information again. They
must meet all current examination requirements under this announcement.
C. Refiling After Receiving Notice of Cancellation or Ineligible Rating
Applicants who receive notices of cancellation or ineligibility under this announcement
may refile, provided at least 1 year has elapsed since the date on which they were
issued such notice. New applications must conform to all of the requirements of this
announcement.
IX. APPEAL OF RATING DECISIONS
A. Right of Appeal
Applicants may appeal their final rating to the Administrative Law Judge Rating Appeals
Panel within 30 days after the date of final action by the Office of Administrative Law
Judges, or such later time as may be allowed by the Panel.
B. Address and Form of Appeal
Appeals should be addressed to the Administrative Law Judge Rating Appeals Panel,
U.S. Office of Personnel Management, 1900 E Street, NW., Washington, DC 20415.
Appeals must be in writing and should contain a clear statement of the basis for appeal
and a brief explanation of why the applicant believes the rating is in error. Appeals
submitted by facsimile (fax) transmittal will not be accepted.
C. Composition of the Panel
The Panel is chaired by the Director of the Office of Administrative Law Judges or
designee, who does not personally participate in assigning ratings. The other two
members of the Panel will be Administrative Law Judges. The chairperson of the Panel
will select names of Administrative Law Judges for service on the Panel.
No member of the Panel may have participated in the assignment of the rating
appealed or be personally acquainted with the appellant.
D. Adjudication of the Appeal
The Panel will carefully review the written record compiled on applicants who appeal
their ratings to determine whether their ratings have been assigned in accord with the
requirements and procedures of the examination. The Panel has authority to affirm the
rating, raise the rating, lower the rating, or remand for further development. The
applicant will be notified of the Panel's decision. The decision of the panel is final and
it exhausts an applicant's administrative appeal rights.
-----Top of Format-----
FORMAT FOR LISTING SIGNIFICANT ADMINISTRATIVE LAW AND LITIGATION
CASES (Information must be typewritten)
1. TITLE OF CASE:
2. PARTY REPRESENTED:
3. REGULATORY BODY OR COURT HEARING THE CASE:
4. BRIEF STATEMENT OF ISSUE(S) INVOLVED:
5. YOUR PRECISE ROLE OR CAPACITY:
6. FINAL DISPOSITION OF CASE:
7. DATES BETWEEN WHICH YOUR PARTICIPATION TOOK PLACE:
FROM:
TO:
8. NAME, COMPLETE ADDRESS AND TELEPHONE NUMBER OF:
a. PRESIDING OFFICER/JUDGE:
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
b. CO-COUNSEL (IF ANY):
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
c. OPPOSING COUNSEL (IF ANY):
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
d. SUPERVISING COUNSEL (IF ANY):
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
e. COUNSEL APPEARING IN CASE (IF APPLICANT SERVED IN A HEARING
OFFICER/JUDICIAL POSITION):
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
The information you provide in this format must be typed for data processing purposes. This
format may be reproduced by applicant.
-----Bottom of Format-----
-----Top of Format-----
FORMAT FOR LISTING SUPERVISORS AND LEGAL REFERENCES (Information must be
typewritten)
1. CURRENT SUPERVISOR:
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
2. IMMEDIATE PAST SUPERVISOR:
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
3. PRIOR SUPERVISOR:
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
4. LEGAL REFERENCE
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
5. LEGAL REFERENCE
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
6. LEGAL REFERENCE
Full Name:
Street Address:
City, State, Zip Code:
Telephone:
The information you provide in this format must be typed for data processing purposes. This
format may be reproduced by applicant.
-----Bottom of Format-----
LIST OF AGENCIES EMPLOYING ADMINISTRATIVE LAW JUDGES
Agriculture Department
Commerce Department
Commodity Futures Trading Commission
Education Department
Environmental Protection Agency
Federal Communications Commission
Federal Energy Regulatory Commission
Federal Labor Relations Authority
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Trade Commission
Health and Human Services Department
--Food and Drug Administration
--Departmental Appeals Board
Housing and Urban Development Department
Interior Department
International Trade Commission
Justice Department
--Drug Enforcement Administration
--Office of Immigration Review
Labor Department
Merit Systems Protection Board
National Labor Relations Board
National Transportation Safety Board
Occupational Safety and Health Review Commission
Office of Thrift Supervision
Securities and Exchange Commission
Small Business Administration
Social Security Administration
Transportation Department
--Office of the Secretary
--U.S. Coast Guard
--Surface Transportation
U.S. Postal Service
******DOCUMENT 2 OF 6******
OPM Form No. 1170/72
March 1993
OMB Approved
No. 3206-0038
ADMINISTRATIVE LAW JUDGE
Supplemental Qualifications Statement for Administrative Law Judge Positions
INSTRUCTIONS FOR COMPLETING
THE SUPPLEMENTAL QUALIFICATIONS STATEMENT FOR ADMINISTRATIVE
LAW JUDGE POSITIONS
General Instructions
Applicants who respond to Examination Announcement No. 318, Opportunities in the
Federal Government as an Administrative Law Judge (ALJ), are required to complete
this form or a facsimile in duplicate and return it to the Office of Administrative Law
Judges, U.S. Office of Personnel Management, 1900 E Street, NW., Washington, DC
20415.
As explained in Examination Announcement No. 318, the Supplemental Qualifications
Statement (SQS) has been designed to assess the extent to which applicants'
qualifying experience has given them the knowledge, skills and abilities that are
essential for successful performance of ALJ duties. Such knowledge, skills and
abilities were identified by an analysis of the job of incumbent ALJs.
The SQS is a significant part of the examination and will carry significant weight in
the examination process. In preparing this document, take your time, arrange your
responses, and go through a draft or two. Begin the first draft by describing all
relevant experience pertinent to each of the following six areas of knowledge, skills
and abilities.
The SQS consists of two parts. For the first part of the SQS, applicants are required
to prepare written statements of their experience and accomplishments that
demonstrate their knowledge, skill, and ability in six areas required for ALJ work. For
the second part of the SQS, applicants should use the attached set of scales to rate
the level of their experience and accomplishments for the six knowledge, skill, and
ability areas required for ALJ work. Part I must be completed before Part II. Part II
has been discontinued.
Required Knowledge, Skills, and Abilities
Applicants must conclusively demonstrate that they possess the experience, poise
and temperament required to perform successfully the common, important duties of
Administrative Law Judges hearing either benefits cases or regulatory cases, or both.
Common pre-hearing activities include examining pleadings and files, researching
applicable law and subject matter, and issuing orders. Common hearing activities
include such things as ruling on admissibility of testimony and evidence, questioning
or examining parties and witnesses and evaluating their testimony, assuring that all
exhibits are received or otherwise disposed of, conducting a fair and orderly hearing,
and assuring an accurate hearing record. Common decision-related activities include
studying the record, considering proposed findings of fact and conclusions of law,
researching legal and policy precedents, and preparing and issuing written orders and
decisions. Other important activities include maintaining professional expertise by
participating in continuing legal education and professional associations, conducting
assigned administrative tasks and responsibilities, and managing a personal case
load.
Specifically, applicants must demonstrate that they have had experience and
accomplishments in formal hearing proceedings before either an administrative
agency, or a court, or other experience and accomplishments that demonstrate
attainment of the following knowledge, skills and abilities derived from the important
job activities of an Administrative Law Judge:
1. Knowledge of Administrative Procedures, Rules of Evidence, and Trial Practices
Knowledge and application of rules of evidence and trial procedure. Knowledge and
application of laws and administrative procedures.
Administrative Law Judges examine pleadings, orders and other documents to
prepare for pre-hearing or hearing conferences, or other matters, resolve preliminary
and pre-trial motions (including discovery), and other issues. They conduct orderly
hearings to ensure fairness and due process, rule on the admissibility of evidence
and requests to exclude testimony, and may question or examine parties and other
witnesses to obtain or direct clarification of testimony. Administrative Law Judges
decide interlocutory motions including motions for summary-judgment. They evaluate
arguments of counsel and study, analyze and evaluate pleadings, evidence and
briefs. They research applicable subject matter or legal policy precedents, including
legislative history of statutes, and decisions of courts and agencies and apply the
facts before them in deciding cases. Administrative Law Judges expand their legal
knowledge and keep abreast of developments in the field of law by attendance at
seminars and professional meetings.
2. Analytical Ability
Ability to understand, interpret, and apply law. Ability to analyze, synthesize, and
evaluate evidence to define issues and facts. Ability to assimilate technical subject
matter.
Administrative Law Judges examine pleadings, orders and other documents to
prepare for pre-hearing or hearing conferences, or other matters, resolve preliminary
and pre-trial motions (including discovery), and other issues. During the hearing, they
rule upon motions and the admissibility of evidence. They determine the probative
value of evidence and competence of witnesses, and evaluate arguments presented
by counsel. Administrative Law Judges also determine when the record can be
closed and when supplemental procedures are needed. They must be able to
analyze and synthesize extensive testimony and documentary evidence to identify
relevant facts. They may conduct legal research on the applicability of laws to the
subject matter when studying, analyzing, and evaluating pleadings, evidence and
briefs.
3. Decision-Making Ability
Ability to make independent decisions in a fair and impartial manner. Ability to make
decisions promptly.
Administrative Law Judges must be able, independently, to make fair, unambiguous
and prompt rulings and decisions on procedural and evidentiary questions and on
legal and regulatory issues. They must be able to present their rulings and decisions
decisively and clearly. They must have the ability to make definitive rulings with little
or no advance subject matter knowledge or notice. They must be able to decide
cases notwithstanding the pressure of a heavy caseload or the scope and complexity
of individual cases.
4. Oral Communications Ability and Judicial Temperament
Ability to express orally oneself concisely and convincingly. Ability to elicit facts by
examining lay and expert witnesses or by other means. Ability to preside at and
control conferences, hearings or meetings.
Administrative Law Judges must be able to speak clearly, concisely, and
understandably; listen attentively; and deal patiently, courteously, tactfully, firmly and
impartially with competing parties when presiding at hearings, conferences and
meetings. The extent of these abilities in large part determines their success in
presiding at and controlling hearings; eliciting facts from witnesses; explaining
requests, rulings and decisions; and resolving conflicts between competing parties.
Administrative Law Judges must manage or control diverse situations and procedures
to hear cases in a complete, but timely and efficient manner while assuring due
process. They must listen attentively and patiently to all participants in hearings to
collect relevant facts needed to decide cases. They must explain their rulings and
decisions clearly and concisely with tact, firmness, and impartiality so that their
rulings and decisions are understood. Tact, calmness, and sensitivity to the rights
and needs of the competing parties are necessary to make the parties feel that they
are being fairly and completely heard.
5. Writing Ability
Ability to write clearly, concisely, and convincingly. Ability to articulate, organize and
render decisions effectively.
Administrative Law Judges must be able to organize and write clearly, grammatically,
concisely and convincingly to accomplish one of their most important work
activities--writing orders and decisions. The quality of their writing frequently
determines the acceptability of their work products. Decision writing is as much an
organizational task as it is a writing task because of the voluminous evidence that
must be considered and the large number of issues to be decided.
6. Organizational Skills
Ability to work diligently without direction and manage caseloads.
Administrative Law Judges must work diligently without direction and must be able to
manage caseloads that may include numerous short cases, lengthy proceedings, or a
mix of both. They must always be responsive to the need for resolution of issues
before them and must manage and use their time to ensure the prompt resolution of
each case consistent with the complexity of the issues before them and the
competing demands of the other cases on their dockets. Administrative Law Judges
must be able to use effectively their administrative, technical, and professional staffs.
Instructions for Part I: Description of Accomplishments
In "Part I: Description of Accomplishments," describe your experience in terms of
what you consider to be your major accomplishments demonstrating that you possess
each group of knowledge, skills and abilities identified above. Broadly describe your
major accomplishments to demonstrate the whole of your experience, rather than just
isolated examples. Describe the essence of your accomplishments over a period of
time and not on a case-by-case or incident-by-incident basis. Illustrate these
accomplishments by specific reference to cases you listed. For example, if you tried
several cases in Federal district court, describe the collective nature of your
appearances rather than the cases themselves, and use one or more examples to
show your specific accomplishments. Your accomplishments should focus on formal
hearing experience before either an administrative agency or a court, but also may
include any related accomplishments you may have in any kind of setting, such as
paid legal work or other work, volunteer service, teaching, or educational endeavors,
etc.
Please try to be succinct and describe your accomplishments within the allotted
space of one and one-half to two pages. You should emphasize the
accomplishments that you feel are at your highest level in terms of relevance,
difficulty, and scope. You may describe additional accomplishments, using the same
format, if you feel they are substantially different. You will be rated on the quality of
accomplishments you describe and not on the number of accomplishments.
To aid in the rating process, you should provide clear evidence in your responses of
the quality of your accomplishments, including the:
* relevance and applicability of your accomplishments to the knowledge, skill, or
ability you are addressing;
* difficulty or complexity of your accomplishments; and
* scope, impact, or extent of your accomplishments.
For each section include the following:
l. Describe your experience in terms of your major accomplishments.
2. Provide examples that illustrate what you actually did (the precise nature and
extent of participation) and when (approximate dates).
3. Estimate the percent of credit directly attributable to you.
4. Provide the name, complete address and telephone number of the person or
persons who can verify this information and the basis of that person's knowledge of
your work.
It takes time and effort to present this information about yourself fully and clearly. We
are asking you to go through this process to enable us to give you full credit for all
your accomplishments and abilities as they relate to this job. We recommend that
you compile and organize the background information you will need to complete this
form before you actually write your responses. Try to present your record specifically
and completely. Sometimes applicants are hesitant about mentioning
accomplishments if they are not positive that they are related to the job factor. If you
think that they might be related, describe them.
In completing your responses, please:
-- Type, if possible, on this form or a facsimile; otherwise use black or blue ink and
legible handwriting.
-- Do not cross reference items in your six responses or refer to your S.F. 171,
"Application for Federal Employment." Your responses to each of the six items will
be evaluated separately, and without using your S.F. 171.
-- Include your entire response in the space provided, one and one-half pages. Do
not include attachments (resumes, SF 171, letters of recommendation, awards,
copies of briefs or memoranda or other examples of your work).
Sample Response
To aid you in formatting and describing those accomplishments that you believe have
given you the knowledge, skills and abilities required of an Administrative Law Judge,
we have provided two general samples below. These samples are simply examples
and are not intended to represent the best possible response.
1. Sample Response: Knowledge of administrative procedures, rules of evidence
and trial practices
(1) Describe your experience: "I have been an attorney in one capacity or another
for approximately fifteen years. Following law school, I clerked for a partner in a
private law office. After that I became an administrative judge for a government
agency hearing EEO cases for two years and four months. I then went into private
practice. In private practice, I engaged in the civil and criminal practice of law while
employed as an associate in a civil/criminal litigation firm for several years. During
that period, I principally represented state agencies and corporate clients at
proceedings at all stages of trial and appellate practice in the local, state, and
Federal courts of the states of North and South Carolina and Georgia."
(2) Provide examples that illustrate your experience: "In addition to the normal
course of my private practice and as an attorney, I have been appointed to serve on
a three-person panel along with a judge and doctor to hear evidence and make
advisory opinions based on same in several medical malpractice cases. On
numerous occasions, I have participated as the presiding justice in mock jury trials in
law school where I was required to make evidentiary rulings and rule on objections.
In addition, I similarly have participated with area judges and prominent lawyers as an
appellate judge in law school Moot Court cases in which I was required to decide
cases, evaluate performances, prepare critiques, ask questions and comment upon
the quality of briefs submitted. On a pro-bono basis, I have also represented indigent
clients on civil matters."
"My various job duties and responsibilities at the firm have required me to conduct
training sessions involving evidence, motion practice and trial practice for newly hired,
neophyte attorneys. The practice and procedure training also included the
conducting of voir dire, opening and closing statements, direct and cross-examination,
etc. I helped develop in-house training programs and attended continuing legal
education seminars."
"The following case is representative of the type I have handled at trial and on
appeal. I was chief counsel in the criminal case of U.S. v. James Doe, et al., the first
criminal prosecution involving the Racketeer, Influence and Corrupt Organizations Act
(RICO) in our U.S. District Court. It involved bankruptcy fraud, mail fraud, arson and
extortion (over $1 million). I handled the grand jury proceedings, the motion practice,
numerous hearings, the trial itself and the appeal to the Circuit Court of Appeals.
The case was replete with a myriad of evidentiary and legal issues, and in the words
of one of the defense counsels, "it was a tantamount exercise to the taking of another
Bar Review course." There have been other cases of similar complexity and
duration, both civil and criminal, but with fewer complicated dispositions, which I also
personally handled."
"The jury trial in the U.S. v. Doe case above lasted approximately eight weeks.
Three of the four defendants were convicted, and one defendant was directed out by
the trial judge before the jury commenced deliberations. Through my efforts, the trial
and appellate courts sustained the sufficiency of the indictment, the sufficiency of the
RICO theory as applied to the facts of the litigated case, and the jury returned guilty
verdicts."
(3) Percent of credit directly attributable to you: "In virtually all matters and cases
that I have litigated, I have been either sole, lead, or co-counsel. Accordingly,
approximately 75 percent of the credit for my accomplishments was my work, while
the remainder was that of superiors, co-counsel, professional colleagues, and law
clerks."
(4) Verifying Information: "The case is briefed and referenced in case 1 of my case
listing."
2. Sample Response: Writing Ability
(1) Describe your experience: "In all the legal positions I have held, my objective
has always been to communicate effectively. The reader should not have to "guess"
at anything.
(2) Provide examples that illustrate your experience: "As a private and government
attorney for ten years, I authored many interrogatories; wrote a number of
recommendations, closing statements, and referral recommendations; and drafted
many decisions for trial and appellate judges, all of which involved citations to law
and regulation. In addition, I wrote numerous pre-hearing memoranda including
pre-hearing statements and stipulations."
"I reviewed and analyzed written decisions for agency hearing offices around the
country. These cases involved citations to the law of various Federal District Courts
and Federal Courts of Appeals. Often the various Federal Courts mandated that
decisions within their jurisdictions meet specific criteria. I researched the law to
ensure that the decisions properly reflect the requirements of the various Federal
Courts in the different jurisdictions."
"As a trial attorney, I was totally independent. Everything I did was my own work
product. My writings indicated the agency position in a case; my interrogatories often
obviated the need for a hearing. My writings gave the judges a rationale on which to
base a denial, if they so chose. As a hearing officer for a central management
agency, my writings served to inform others of the facts and of my
recommendations."
(3) Percent of credit directly attributable to you: "As an agency attorney-advisor, I
was given instructions by the attorneys or judges I worked for. As an agency
hearings and appeals analyst, I conduct legal research and prepare memoranda for
my agency appellate body. The work is almost totally independent."
(4) Verifying Information: "Please refer to cases 1,2,4, 9, and 10 in my case listing."
******DOCUMENT 3 OF 6******
ADMINISTRATIVE LAW JUDGE APPLICATION CHECKLIST
Have you included the following items in your application package?
1. Statement of bar admission and good standing at least the past 7 years.
2. OF- 612, "Optional application for Federal Employment," or SF-171, "Application for
Federal Employment" or a resume (2 copies). You must include the information listed in the
enclosed pamphlet, "Applying for a Federal Job," OF 510, under the headings Personal
Information, Education, and Work Experience. Your qualifications cannot be evaluated without
this information.
3. Listing of 10 significant cases (2 copies).
4. Brief/memorandum of law/decision on significant case with statement of extent of
responsibility (2 copies).
5. OPM Form 1170/72, "Supplemental Qualifications Statement," (2 copies).
6. List of supervisors and legal references.
7. Admission Notice, OPM Form 5000-AB. Blocks: 1. Administrative Law Judge. 2.
Self-explanatory. 3. 318. 4. List the city and state where you wish to be tested. You will be
tested in that location or at the closest examination site. 5. & 6. Self-explanatory. 7. Leave
blank. A Geographic Preference Form with numerous locations will be mailed to you at a later
date. 8., 9., 10. & 11. Self-explanatory. NAME and ADDRESS Block: Carefully complete this
block. The top sheet will be placed in a window envelope and returned to you when you are
scheduled for the Written Demonstration (WD) with the time, date, and location of the WD.
8. Geographic Preference Statement for Applicants for Administrative Law Judge Positions.
* For those claiming 10-point veterans' preference: SF-15, "Application for 10-Point Veteran
Preference."
******DOCUMENT 4 OF 6******
GEOGRAPHIC PREFERENCE STATEMENT FOR APPLICANTS
FOR ADMINISTRATIVE LAW JUDGE POSITIONS
PRIVACY ACT STATEMENT
The Office of Personnel Management is authorized to recruit and examine applicants for Federal
jobs under Sections 1302, 3301, and 3304 of Title 5 of the U.S. Code (Examining and Selection
Regulations). This completed form allows us to refer your application to Federal agencies that
have job openings where you may want to work. In addition, this record may be used to develop
statistics and studies concerning our recruiting and examining program. Supplying this
information is voluntary, but if you do not provide it you may lose job opportunities because we
may not be able to properly refer your application.
This information may be disclosed to: 1) a Congressional office if you ask that office regarding
this form; 2) a Federal, State or local agency for checking on violations of law; 3) another
Federal agency or to a court if the Government is party to a judicial proceeding before the court;
or 4) a Federal agency or local government if you are participating in a special employment
assistance program.
INSTRUCTIONS TO APPLICANTS
In connection with your application for examination of your qualifications to become an
Administrative Law Judge (ALJ), we need information from you concerning your preferences for
geographic locations where you would be available for employment. Please show your
geographic preferences on the reverse side of this form. Keep in mind that if you should be
offered a position, you will be expected to locate in the area where the position is established. If
you are not a Federal employee at the time the offer is made, you must pay your own relocation
expenses. If you are a Federal employee at the time the offer is made, you should hear from the
hiring agency about whether they will pay your relocation expenses.
Applicant's Signature
Date
Name of Applicant (Last, First, Middle Initial) PLEASE TYPE OR PRINT
SSN
Applicant's Address (Street, City, State, ZIP Code)
Please return this completed form to the Office of Administrative Law Judges, U.S. Office of
Personnel Management, 1900 E Street, NW., Room 2469, Washington, DC 20415 [Fax: (202)
606-0584].
In the boxes below, indicate with an "X" each location in which you would be willing to accept
an appointment by an agency of the U.S. Government as an Administrative Law Judge. You
may show availability for any of the locations listed.
Certificates of eligible applicants may be issued to Federal agencies either for a specific location
or for a regional area. When certificates are issued for a regional area, agencies may ask
applicants to verify their availability for specific locations within the regional area. Also, some
agencies have more than one office at an indicated location. When certificates of eligibles are
issued to such agencies for such locations, agencies may ask applicants to verify their availability
for specific offices at a given location.
After you complete and return this form, you will be considered only for positions that become
available in those locations where you have indicated you are available. You may check as many
locations as you wish; however, you should keep in mind that you may decline consideration for
a particular location only once, without penalty. Applicants who thereafter decline if the
invitation accords with the geographic availability they have shown, or who fail to accept a
vacant position offered them in such a location, will receive no further consideration under the
examination.
Applicants should also understand that limiting their geographic availability to particular areas
eliminates them from consideration for positions in other areas.
All Locations
Check this box only if you are interested in all locations
|__| All locations
Washington, DC, Metro Area
|__| A: Washington, DC, metro area
(Washington, DC; Arlington, Va; Falls Church, VA; Rockville, MD;)
Region 1. Boston
|__| A: Hartford, CT
|__| B: New Haven, CT
|__| C: Boston, MA
|__| D: Springfield, MA
|__| E: Portland, ME
|__| F: Manchester, NH
|__| G: Providence, RI
Region 2. New York
|__| A: Camden, NJ
|__| B: Newark, NJ
|__| C: Voorhees, NJ
|__| D: Albany, NY
|__| E: Bronx, NY
|__| F: Brooklyn, NY
|__| G: Buffalo, NY
|__| H: Jericho, NY
|__| I: Manhattan, NY
|__| J: Queens, NY
|__| K; Rochester, NY
|__| L: Syracuse, NY
|__| M: White Plains, NY
|__| N: Mayaquez, PR
|__| O: Ponce, PR
|__| P: San Juan, PR
Region 3. Philadelphia
|__| A: Baltimore, MD
|__| B: Harrisburg, PA
|__| C. Jenkintown, PA
|__| D: Johnstown, PA
|__| E: Philadelphia, PA
|__| F: Pittsburgh, PA
|__| G: Wilkes-Barre, PA
|__| H: Charlottesville, VA
|__| I: Newport News, VA
|__| J: Norfolk, VA
|__| K: Richmond, VA
|__| L: Roanoke, VA
|__| M: Charleston, WV
|__| N: Huntington, WV
Region 4. Atlanta
|__| A: Birmingham, AL
|__| B: Florence, AL
|__| C: Mobile, AL
|__| D: Montgomery, AL
|__| E: Fort Lauderdale, FL
|__| F: Jacksonville, FL
|__| G: Miami, FL
|__| H: Orlando, FL
|__| I: Tampa, FL
|__| J: Atlanta, GA
|__| K: Chamblee, GA
|__| L: Macon, GA
|__| M: Savannah, GA
|__| N: Lexington, KY
|__| O: Louisville, KY
|__| P: Middlesboro, KY
|__| Q: Paducah, KY
|__| R: Hattiesburg, MS
|__| S: Jackson, MS
|__| T: Tupelo, MS
|__| U: Charlotte, NC
|__| V: Greensboro, NC
|__| W: Raleigh, NC
|__| X: Charleston, SC
|__| Y: Columbia, SC
|__| Z: Greenville, SC
|__| a: Chattanooga, TN
|__| b: Kingsport, TN
|__| c: Knoxville, TN
|__| d: Memphis, TN
|__| e: Nashville, TN
Region 5. Chicago
|__| A: Chicago/Downtown, IL
|__| B: Chicago/South, IL
|__| C: Evanston, IL
|__| D: Oakbrook Terrace, IL
|__| E: Peoria, IL
|__| F: Evansville, IN
|__| G: Fort Wayne, IN
|__| H: Indianapolis, IN
|__| I: Detroit, MI
|__| J: Flint, MI
|__| K: Grand Rapids, MI
|__| L: Lansing, MI
|__| M: Oak Park, MI
|__| N: Minneapolis, MN
|__| O: St. Paul, MN
|__| P: Cincinnati, OH
|__| Q: Cleveland, OH
|__| R: Columbus, OH
|__| S: Dayton, OH
|__| T: Madison, WI
|__| U: Milwaukee, WI
Region 6. Dallas
|__| A: Fort Smith, AR
|__| B: Little Rock, AR
|__| C: Alexandria, LA
|__| D: New Orleans, LA
|__| E: Shreveport, LA
|__| F: Albuquerque, NM
|__| G: McAlester, OK
|__| H: Oklahoma City, OK
|__| I: Tulsa, OK
|__| J: Arlington, TX
|__| K: Dallas/Downtown, TX
|__| L: Dallas/North, TX
|__| M: Fort Worth, TX
|__| N: Houston, TX
|__| O: San Antonio, TX
Region 7. St. Louis
|__| A: Des Moines, IA
|__| B: Wichita, KS
|__| C: Kansas City, KS
|__| D: Springfield, MO
|__| E: Creve Coeur, MO
|__| F: St. Louis, MO
|__| G: Omaha, NE
Region 8. Denver
|__| A: Denver, CO
|__| B: Billings, MT
|__| C: Fargo, ND
|__| D: Sioux Falls, SD
|__| E: Salt Lake City, UT
Region 9. San Francisco
|__| A: Phoenix, AZ
|__| B: Tucson, AZ
|__| C: Alameda, CA
|__| D: Downey, CA
|__| E: Fresno, CA
|__| F: Long Beach, CA
|__| G: Los Angeles/Downtown, CA
|__| H: Los Angeles/West, CA
|__| I: Oakland, CA
|__| J: Orange, CA
|__| K: Pasadena, CA
|__| L: Sacramento, CA
|__| M: San Bernadino, CA
|__| N: San Diego, CA
|__| O: San Francisco, CA
|__| P: San Jose, CA
|__| Q: San Rafael, CA
|__| R: Santa Barbara, CA
|__| S: Honolulu, HI
Region 10. Seattle
|__| A: Eugene, OR
|__| B: Portland, OR
|__| C: Seattle, WA
|__| D: Spokane, WA
For Office Use Only: Date of Key Entry: Initials:
******DOCUMENT 5 OF 6******
IMPORTANT INFORMATION ON VETERANS' PREFERENCE ELIGIBILITY
This is an addendum to "Part III C. Service with the Armed Forces" of the Administrative Law
Judge Examination Announcement, No. 318, amended June 1996.
As part of the Defense Authorization Act for Fiscal Year 1998, Public Law No. 105-85,
Congress has approved two veterans' preference laws that have a retroactive effective date of
November 18, 1997. Since this may affect you as an applicant applying for Administrative Law
Judge (ALJ) positions, we are providing you information that would allow you to apply for
veterans' preference if the changes in law are applicable to you.
The Act that became effective on November 18, 1997, has two provisions that afford veterans'
preference to individuals who are otherwise eligible. Each provision is described below.
Provision 1. Section 1102 affords veterans' preference to anyone who served on active duty
during the Gulf War from August 2, 1990 through January 2, 1992. If you have served on active
duty during this period of time in the Gulf War, even as a reservist, anywhere, for any length of
time, you are eligible to receive veterans' preference provided you are "otherwise eligible."
"Otherwise eligible" means that you have served a minimum of two years on active duty or, if a
Reservist, must have served the full period for which called to active duty.
Provision 2. Section 572 authorizes the Armed Forces Expeditionary Medal for service in
Bosnia during Operation Joint Endeavor (November 20, 1995 - December 20, 1996) and
Operation Joint Guard (December 20, 1996 - to be determined by the Secretary of Defense)
provided you are "otherwise eligible." "Otherwise eligible" means that you have served a
minimum of two years on active duty or, if a Reservist, must have served the full period for
which called to active duty. The Secretary of each military department will decide which
members are eligible. If you are a recipient of the Armed Forces Expeditionary Medal, you are
eligible to receive veterans' preference.
If you meet Provision 1 as described above, please enclose a copy of your orders or a copy of
your Military discharge papers (DD214) with your ALJ application package. If you meet
Provision 2 as described above, and have since been discharged, it is preferred that you submit an
amended DD214 (DD215) or other documentation showing the award of the Expeditionary
Medal with your ALJ application package.
To assure that you are fully informed of other qualifying medals, we have included a list of other
campaign and expeditionary medals that are qualifying for veterans' preference.
CAMPAIGN OR EXPEDITION INCLUSIVE DATES:
American Defense Service
September 8, 1939 to December 7, 1941
Armed Forces Expeditionary Medal (AFEM) for these Operations:
Berlin
August 14, 1961, to June 1, 1963
Cambodia
March 29, 1973, to August 15, 1973
Cambodia Evacuation (Operation Eagle Pull)
April 11 - 13,1975
Congo
July 14, 1960, to September 1, 1962, and November 23, to 27, 1964
Cuba
October 24, 1962, to June 1, 1963
Dominican Republic
April 28, 1965, to September 21, 1966
El Salvador
January 1, 1981, to February 1, 1992
Haiti (Operation Uphold Democracy)
September 16, 1994, to March 31,1995
Grenada (Operation Urgent Fury)
October 23, 1983, to November 21, 1983
Korea
October 1, 1966, to June 30, 1974
Laos
April 19, 1961, to October 7, 1962
Lebanon
July 1, 1958, to November 1, 1958, and June 1, 1983, to December 1, 1987
Mayaguez Operation
May 15, 1975
Operations in the Libyan Area (Operation Eldorado Canyon)
April 12 - 17, 1986
Panama (Operation Just Cause)
December 20, 1989, to January 31, 1990
Persian Gulf Operation (Operation Earnest Will)
July 24, 1987, to August 1, 1990
Persian Gulf (Operation Southern Watch)
December 1, 1995, to be determined by the Secretary of Defense
Quemoy and Matsu Islands
August 23, 1958, to June 1, 1963
Somalia (Operation Restore Hope)
December 5, 1992, to March 31, 1995
Taiwan Straits
August 23, 1958, to January 1, 1959
Thailand
May 16, 1962, to August 10, 1962
Vietnam Evacuation (Operation Frequent Wind)
April 29, 1975, to April 30, 1975
Vietnam (including Thailand)
July 1, 1958, to July 3, 1965
Navy Expeditionary Medal and Marine Corps Expeditionary Medal for these Operations:
Cuba
January 3, 1961, to October 13, 1962
Indian Ocean/Iran
November 21, 1979, to October 20, 1981
Iranian/Yemen/Indian Ocean
December 6, 1978, to June 6, 1979
Lebanon
August 20, 1982, to May 31, 1983
Liberia (Operation Sharp Edge)
August 5, 1990, to February 21, 1991
Libyan Area
January 20, 1986, to June 27, 1986
Panama
April 1, 1980, to December 19, 1986, and February 1, 1990, to June 13, 1990
Persian Gulf
February 1, 1987, to July 23, 1987
Rwanda (Operation Distant Runner)
April 7 - 18, 1994
Thailand
May 16 - August 10, 1962
Other Campaign and Service Medals:
Army Occupation of Austria
May 9, 1945, to July 27, 1955
Army of Occupation of Berlin
May 9, 1945, to October 2, 1990
Army of Occupation (exclusive of Berlin)
May 9, 1945, to May 5, 1955
Army of Occupation of Japan
September 3, 1945, to April 27, 1952
China Service
July 7, 1937, to September 7, 1939
China Service (extended)
September 2, 1945, to April 1, 1957
Korean Service
June 27, 1950, to July 27, 1954
Navy Occupation of Trieste
May 8, 1945, to October 25, 1954
Navy Occupation of Austria
May 8, 1945, to October 25, 1955
Navy Occupation of Berlin
May 8, 1945, to October 2, 1990
Southwest Asia Service Medal (SWASM) (Operation Desert Shield and Operation
Desert Storm)
August 2, 1990, to November 30, 1995
Units of the Sixth Fleet (Navy)
May 9, 1945, to October 25, 1955
Vietnam Service Medal (VSM)
July 4, 1965, to March 28, 1973
******DOCUMENT 6 OF 6******
SALARY TABLE NO. 98-ALJ
RATES OF BASIC PAY FOR ADMINISTRATIVE LAW JUDGE POSITIONS
LEVEL ANNUAL RATE
AL-3/A $76,960
AL-3/B 82,880
AL-3/C 88,800
AL-3/D 94,720
AL-3/E 100,640
AL-3/F 106,560
AL-2 112,480
AL-1 118,400
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