An agency may detail an administrative law judge from one administrative law judge position to another administrative law judge position within the same agency in accordance with 5 U.S.C. 3341.
An agency may not detail an employee who is not an administrative law judge to an administrative law judge position.
An agency may assign an administrative law judge to perform non-administrative law judge duties only when:
The other duties are consistent with administrative law judge duties and responsibilities;
The assignment is to last no longer than 120 days; and
The administrative law judge has not had a total of more than 120 days of such assignments or details within the preceding 12 months.
OPM may authorize a waiver of paragraphs (c)(2) and (c)(3) of this section if an agency shows that it is in the public interest to do so. In determining whether a waiver is justified, OPM may consider, but is not restricted to considering, such factors as unusual case load or special expertise of the detailee.