Presiding officer,

Presiding officer, except as provided for pursuant to consent trial notice, means (if the authority is not subject to the provisions of Subchapter II of Chapter 5, Title 5, U.S.C.) an officer or employee of the authority who -
(1) Is selected under Chapter 33 of Title 5 pursuant to the competitive examination process applicable to administrative law judges;
(2) Is appointed by the authority head to conduct hearings under this part;
(3) Is assigned to cases in rotation so far as practicable;
(4) May not perform duties inconsistent with the duties and responsibilities of a presiding officer;
(5) Is entitled to pay prescribed by the Office of Personnel Management independently of ratings and recommendations made by the authority and in accordance with Chapter 51 of such Title and Subchapter III of Chapter 53 of such Title;
(6) Is not subject to performance appraisal pursuant to Chapter 43 of such Title; and
(7) May be removed, suspended, furloughed, or reduced in grade or pay only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing by such Board.


14 CFR § 1264.101

Scoping language

ALJ means an Administrative Law Judge in the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344. For purposes of this part, the ALJ shall be referred to as the presiding officer.

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