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5 U.S.C. § 3344 — Details; administrative law judges

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3344 — Details; administrative law judges

An agency as defined by [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.

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Stable record: federal_law:legal_authorities:record_usc_68f0dd2b223c44146059bd09
Source file: Laws/federal/codes/united-states-code/title-5/section-3344-details-administrative-law-judges--193627d651.md
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Passage SHA-256: bbb93afe0bf51cea5c35e548f3b10267e91127220a6060a5d58ede6a00e682cc

Source location: Title 5, Chapter 33, § 3344; chapter-033-examination-selection-and-placement.md

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An agency as defined by [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 551 — Definitions

For the purpose of this subchapter— (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. (2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1010 — Availability of transcripts

**(a) Definition of Agency Proceeding.—** In this section, the term “agency proceeding” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). **(b) Availability.—** Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1541 — Administrative Law Judges

Notwithstanding [section 559 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section559&num=0&edition=prelim), with respect to any marine resource conservation law or regulation administered by the Secretary of Commerce acting through the National Oceanic and Atmospheric Administration, all adjudicatory functions which are required by chapter 5 of title 5 to be performed by an Administrative Law Judge may be performed by another Federal agency on a reimbursable basis. Should another Federal agency require the detail of an Administrative Law Judge to perform any of these functions, it may request such temporary or occasional assistance from the Office of Personnel Management pursuant to [section 3344 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3344&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10225 — Subpoena power; employment of hearing officers; authority to hold hearings

The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated, be understood to be comprised within the meaning of “special government employee” under [section 202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim) (without regard to the days limitation prescribed therein), but shall, in no event, be understood to be (or to have the authority of) officers of the United States) or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to [section 3344 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3344&num=0&edition=prelim), as shall be necessary or convenient to assist them in carrying out their respective powers and duties under any law administered by or under the Office. The Assistant Attorney General, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics or upon authorization, any member thereof, or (subject to such limitations as the appointing authority may, in its sole discretion, impose from time to time) any hearing examiner or administrative law judge assigned to or employed thereby, shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, conduct examinations, and receive evidence at any place in the United States they respectively may designate.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3344 — Details; administrative law judges

Page 419 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3345 international organization for allowances or ex- penses incurred in the performance of duties re- quired by the detail, without regard to section 209 of title 18. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 91–175, pt. V, § 502(a), Dec. 30, 1969, 83 Stat. 825.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2331. Aug. 28, 1958, Pub. L. 85–795, § 2, 72 Stat. 959. (b)–(e) ....... 5 U.S.C. 2332. Aug. 28, 1958, Pub. L. 85–795, § 3, 72 Stat. 959. In subsection (a)(2), the words ‘‘without a change of position from the agency by which he is employed to an international organization’’ are substituted for ‘‘with- out the employee’s transfer from the Federal agency by which he is employed’’ to eliminate the necessity of carrying into this section the definition of ‘‘transfer’’ appearing in former section 2331(5). In subsection (e), the words ‘‘section 209 of title 18’’ are substituted for ‘‘section 1914 of title 18’’ on author- ity of the Act of Oct. 23, 1962, Pub. L. 87–849, § 2, 76 Stat. 1126. Other definitions appearing in former section 2331 are omitted from this section as inappropriate but are car- ried into section 3581. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1969—Subsec. (b). Pub. L. 91–175 substituted ‘‘5’’ for ‘‘3’’ and inserted provision enabling President, regard- ing an agency employee detailed to an international or- ganization for 5 years, to extend the 5-year period for up to an additional 3 years. Executive Documents DETAILS TO INTERNATIONAL ORGANIZATIONS For provisi

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