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5 U.S.C. § 3105 — Appointment of administrative law judges
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_6b83771bba559aeb28004911
Source file: Laws/federal/codes/united-states-code/title-5/section-3105-appointment-of-administrative-law-judges--84388c7578.md
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Source location: Title 5, Chapter 31, § 3105; chapter-031-authority-for-employment.md
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1010
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–28, title I, June 24, 1967, 81 Stat. 69, provided that, on and after June 24, 1967, hearing officers appointed for Indian probate work did not have to be appointed pursuant to the Administrative Procedure Act, as amended. Similar provisions were contained in the following prior appropriation acts:
May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 181.
June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 185.
July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 284.
July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 107.
Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 345.
Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 256.
May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 104.
June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 92.
June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 155.
July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 257.
June 13, 1956, ch. 380, title I, 70 Stat. 257.
June 16, 1955, ch. 147, title I, 69 Stat. 141.
Aug. 26, 1954, ch. 935, Ch. VII, 68 Stat. 813.
#### Savings Provision
Pub. L. 101–301, § 12(b), May 24, 1990, 104 Stat. 211, provided that: “Hearing officers heretofore appointed to preside over Indian probate proceedings pursuant to the proviso repealed by subsection (a) [[25 U.S.C. 372–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section372-1&num=0&edition=prelim)], having met the qualifications required for appointment pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), United States Code, shall be deemed to have been appointed pursuant to that section.”
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Administrator is authorized—
(1) to supervise the safety and soundness of small business lending companies and non-Federally regulated lenders;
(2) with respect to small business lending companies to set capital standards to regulate, to examine, and to enforce laws governing such companies, in accordance with the purposes of this chapter; and
(3) with respect to non-Federally regulated lenders to regulate, to examine, and to enforce laws governing the lending activities of such lenders under [section 636(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section636/a&num=0&edition=prelim) in accordance with the purposes of this chapter.
**(b) Capital directive**
(1) **In general** — If the Administrator determines that a small business lending company is being operated in an imprudent manner, the Administrator may, in addition to any other action authorized by law, issue a directive to such company to increase capital to such level as the Administrator determines will result in the safe and sound operation of such company.
(2) **Delegation** — The Administrator may not delegate the authority granted under paragraph (1) except to an Associate Deputy Administrator.
(3) **Regulations** — The Administrator shall issue regulations outlining the conditions under which the Administrator may determine the level of capital pursuant to paragraph (1).
**(c) Civil action** If a small business lending company violates this chapter, the Administrator may institute a civil action in an appropriate district court to terminate the rights, privileges, and franchises of the company under this chapter.
**(d) Revocation or suspension of loan authority**
(1) The Administrator may revoke or suspend the authority of a small
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 650
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section:
(1) The term “customs broker” means any person granted a customs broker’s license by the Secretary under subsection (b).
(2) The term “customs business” means those activities involving transactions with U.S. Customs and Border Protection concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by U.S. Customs and Border Protection upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with U.S. Customs and Border Protection in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.
(3) The term “Secretary” means the Secretary of the Treasury.
**(b) Customs broker’s licenses**
(1) **In general** — No person may conduct customs business (other than solely on behalf of that person) unless that person holds a valid customs broker’s license issued by the Secretary under paragraph (2) or (3).
(2) **Licenses for individuals** — The Secretary may grant an individual a customs broker’s license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct of customs business. In assessing the qualifications of an applicant, the Secretary may
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1641
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Federal law — U.S. Code and appendices · legal_authorities
Employees of the Library of Congress who perform special functions for the performance of which funds have been entrusted to the board or the librarian, or in connection with cooperative undertakings in which the Library of Congress is engaged, shall not be subject to [section 209 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section209&num=0&edition=prelim); and [section 5533 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5533&num=0&edition=prelim) shall not apply to any additional compensation so paid to such employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 162
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; duties** The Secretary shall establish in the Department of Education an Office of Administrative Law Judges (hereinafter in this subchapter referred to as the “Office”) which shall conduct—
(1) recovery of funds hearings pursuant to [section 1234a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim),
(2) withholding hearings pursuant to [section 1234d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234d&num=0&edition=prelim),
(3) cease and desist hearings pursuant to [section 1234e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234e&num=0&edition=prelim), and
(4) other proceedings designated by the Secretary.
**(b) Appointment** The administrative law judges (hereinafter “judges”) of the Office shall be appointed by the Secretary in accordance with [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim).
**(c) Employment requirements; chief judge** The judges shall be officers or employees of the Department. The judges shall meet the requirements imposed for administrative law judges pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). In choosing among equally qualified candidates for such positions the Secretary shall give favorable consideration to the candidates’ experience in State or local educational agencies and their knowledge of the workings of Federal education programs in such agencies. The Secretary shall designate one of the judges of the Office to be the chief judge.
**(d) Assignment of judges** For the purposes of co
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General expenditures** Appropriations for the purposes of or pursuant to this chapter (except for subchapter II of this chapter), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this chapter, and funds made available for other purposes to the agency primarily responsible for administrating subchapter I of this chapter, shall be available for:
(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of such appropriations or of this chapter, including (notwithstanding the provisions of section 1346(a) and (c) of title 31) expenses in connection with meetings of persons whose employment is authorized by [section 2386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2386&num=0&edition=prelim);
(3) contracting with individuals for personal services abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission;
(4) purchase, maintenance, operation, and hire of aircraft: Provided, That aircraft for administrative purposes may be purchased only as specifically provided for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles: Provided, That, except as may otherwise be provided in an appropriation or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles, and the cost, including exchang
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2396
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation, composition, appointment, and tenure; Chairman; removal of members** The National Labor Relations Board (hereinafter called the “Board”) created by this subchapter prior to its amendment by the Labor Management Relations Act, 1947 [[29 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section141&num=0&edition=prelim) et seq.], is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with the advice and consent of the Senate. Of the two additional members so provided for, one shall be appointed for a term of five years and the other for a term of two years. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.
**(b) Delegation of powers to members and regional directors; review and stay of actions of regional directors; quorum; seal** The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. The Board is also authorized to delegate to its regional directors its powers under [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section159&num=0&edition=prelim) to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 153
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each member of the Board and the General Counsel of the Board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys, examiners, and regional directors, and such other employees as it may from time to time find necessary for the proper performance of its duties. The Board may not employ any attorneys for the purpose of reviewing transcripts of hearings or preparing drafts of opinions except that any attorney employed for assignment as a legal assistant to any Board member may for such Board member review such transcripts and prepare such drafts. No administrative law judge’s report shall be reviewed, either before or after its publication, by any person other than a member of the Board or his legal assistant, and no administrative law judge shall advise or consult with the Board with respect to exceptions taken to his findings, rulings, or recommendations. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this subchapter shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation, or for economic analysis.
**(b)** All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for th
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 154
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Powers of Board generally** The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice (listed in [section 158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section158&num=0&edition=prelim)) affecting commerce. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, or otherwise: Provided, That the Board is empowered by agreement with any agency of any State or Territory to cede to such agency jurisdiction over any cases in any industry (other than mining, manufacturing, communications, and transportation except where predominantly local in character) even though such cases may involve labor disputes affecting commerce, unless the provision of the State or Territorial statute applicable to the determination of such cases by such agency is inconsistent with the corresponding provision of this subchapter or has received a construction inconsistent therewith.
**(b) Complaint and notice of hearing; answer; court rules of evidence inapplicable** Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint: Provided, That no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the servi
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 160
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