Of interest regarding licensure requirements

[bartleby]

Just received this from ROCALJ:

OFFICE OF PERSONNEL
MANAGEMENT
5 CFR PART 930
RIN 3206–AL67
Programs for Specific Positions and
Examinations (Miscellaneous)
AGENCY: U. S. Office of Personnel
Management.
ACTION: Final rule.
SUMMARY: The U. S. Office of Personnel
Management (OPM) is issuing a final
rule to eliminate the licensure
requirement for incumbent
administrative law judges.
DATES: This rule is effective January 2,
2014.
FOR FURTHER INFORMATION CONTACT:

Licensure is still a requirement for hiring..

[JudgeRatty]

There is no way I plan to let my license lapse if I become an ALJ someday! It is a very small fee to pay every year when compared to what it took to get it. And you never know what the future may bring in terms of changing careers etc. Heck I still keep my RN license current! Some things are not worth giving up when comparing the risk v. benefit. But, hey, more power to those who support this. Not me!

[lildavey]

In our state we have the option to go on "Inactive" status. I only know this from reading lists of people who do it as reported in the bar journal. I have no idea how it works, what it costs or what it takes to go to "Active" status later on. Hopefully, I'll have a reason to look into this in the near future.

[bowser]

Sure would be nice if one could go inactive and avoid the CLE requirement.
Will have to check with my state board.

[mcb]

Dec 4, 2013 13:54:43 GMT -5 bowser said:

Sure would be nice if one could go inactive and avoid the CLE requirement.
Will have to check with my state board.

Likewise.

Thanks for the info, Bart.

[redryder]

Sounds like a nice DIY project while you are waiting for your NOR. Check any rules your bar or state supreme court have regarding CLE and exemptions. Then if you need clarification, call someone. Some in my office have the best of all possible worlds--no obligation to pay bar dues and an exemption from CLE for as long as they hold the ALJ position. But that is not true for all. It does vary from state to state.

[Benny]

One drawback to going inactive is that you have to pony up money when "re-activating". I assume ALJ are prohibited from practicing, so maybe inactive would be cool.

Question, what is the schedule of an ALJ, do the flex like some of the government employees, i.e., work at home?

[redryder]

After an ALJ is in the job for 12 months, the option to work at home is available. In addition, they have options for work schedules. Generally you can come in between 6:30 and 9:30 in the morning and leave between 3 and 6. Some work other optional schedules like 4 10-hour days per week, or the 5-4-9 schedule where you work 9 hours per day for 8 days, 8 hours 1 day and are off one day for every two week cycle. But with any schedule you have to be cognizant that you may have to alter your hours when you are holding hearings to accommodate the hours when your hearing site is open to the public.

[bartleby]

You can work at home for 2 days a week after the first year with the new contract. You can do a lot of creative things with Credit hours the first year, but after that the schedule gets kind of hectic and it's hard to have a chance to use the Credit hours and if you get over 24, you can start losing them. MCB has always been the King of the Credit hours and can explain it much better and quicker..

[yarddog]

FAQ from CLE TN:
    Can I go inactive? Only if you are not practicing law anywhere. If you are not practicing anywhere, you can go inactive by notifying us of your desire to do so and that you know that, prior to returning from inactive status, you will have to make up all the hours you missed while inactive (to a maximum of five years), or establish an exemption for those years, or get approval of some other form of remedial program from the Commission.

Exemptions = -Non-residence (living and working outside of Tennesssee) -Federal Judges (HHHmmmm?? I think yes!) -Disability -Elected Legislative or Executive Official prohibited by law from practicing law (Hhhmmm... maybe)
-Age (must meet requirement through the year you turn 65) -Active Duty with the Armed Forces of the United States

Mississippi is simliar, where I am inactive. The key is the CLE, I find those hours are available at reasonable rates. So I'm going inactive And I'm keeping my insurance too!

[philliesfan]

If you are licensed in Pennsylvania, ALJs are exempt from the CLE requirement. Fax a copy of your Affidavit of Appointment and a letter requesting the exemption to the CLE Board. I did it on the Monday that I was sworn in and received a letter granting the exemption by Friday.

[71stretch]

In one of my state ALJ jobs, I could go on inactive status. In the second, active membership is required. Some states require you to make up some or all of the CLE should you later go back on active status.

[moopigsdad]

Dec 4, 2013 13:23:23 GMT -5 JudgeRatty said:

There is no way I plan to let my license lapse if I become an ALJ someday! It is a very small fee to pay every year when compared to what it took to get it. And you never know what the future may bring in terms of changing careers etc. Heck I still keep my RN license current! Some things are not worth giving up when comparing the risk v. benefit. But, hey, more power to those who support this. Not me!

I agree wholeheartedly with you sratty. I worked way too hard to earn my license and I am proud to be a member of my state bar. I will keep paying the dues and meeting any requirements of state bar members.

[southerner]

In Louisiana, federal judges and magistrates are CLE exempt by Supreme Court Rule XXX. ALJ's are included in the exemption. We, also, do not pay bar dues or disciplinary assessments.

[privateatty]

bartleby, thx.

I may want to go back to practice, part-time as a way to avoid chores and taxes. Well worth all the hassle of boning up on law and procedure. If the client has confidence in me then I would give air to the old fire.

[counsel]

In some states, re-activating bar membership involves making up years of back CLEs which can be expensive and time consuming. In can be a challenge and probably should not be done without some thought and investigation.