28 CFR § 68.26 - Designation of Administrative Law Judge.

---
identifier: "/us/cfr/t28/s68.26"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 68.26 - Designation of Administrative Law Judge."
title_number: 28
title_name: "Judicial Administration"
section_number: "68.26"
section_name: "Designation of Administrative Law Judge."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "68"
part_name: "RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, 554, 557(b); 8 U.S.C. 1103, 1324a, 1324b, and 1324c; 28 U.S.C. 509, 510, and 2461 note."
cfr_part: "68"
---


# 68.26 Designation of Administrative Law Judge.

Hearings shall be held before an Administrative Law Judge appointed under 5 U.S.C. 3105 and assigned to the Department of Justice. The presiding judge in any case shall be initially designated by the Chief Administrative Hearing Officer. The Chief Administrative Law Judge may reassign a case previously assigned to an Administrative Law Judge to promote administrative efficiency. In unfair-immigration-related employment practice cases, only Administrative Law Judges specially designated by the Attorney General as having special training respecting employment discrimination may be chosen by the Chief Administrative Hearing Officer or Chief Administrative Law Judge to preside.

[AG Order No. 4840-2020, 85 FR 63207, Oct. 7, 2020]