95-24195. Paroling, Recommitting, and Supervising Federal Prisoners: Hearing Examiner Review Function  

  • [Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
    [Rules and Regulations]
    [Pages 51348-51349]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-24195]
    
    
    
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    DEPARTMENT OF JUSTICE
    
    Parole Commission
    
    28 CFR Part 2
    
    
    Paroling, Recommitting, and Supervising Federal Prisoners: 
    Hearing Examiner Review Function
    
    AGENCY: United States Parole Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: The U.S. Parole Commission is changing the title of the agency 
    official who is charged, by regulation, 
    
    [[Page 51349]]
    with the duty of reviewing the recommended decision of the hearing 
    examiner who conducts a parole hearing, and with casting the vote that 
    forms a panel recommendation to the Regional Commissioner. The current 
    regulation refers to this official as the Regional Administrator. In 
    anticipation of the closing of the U.S. Parole Commission's regional 
    offices and the consolidation of its operational staff, the title of 
    Regional Administrator is changed to Executive Hearing Examiner.
    
    EFFECTIVE DATE: January 31, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
    Counsel, U.S. Parole Commission, 5550 Friendship Blvd., Chevy Chase, 
    Maryland 20815. Telephone (301) 492-5959.
    
    SUPPLEMENTARY INFORMATION: With the anticipated elimination of the U.S. 
    Parole Commission's regional office structure, it will be necessary for 
    the Commission to change the title, and some of the administrative 
    functions, of the senior hearing examiners who currently serve as 
    Regional Administrators. However, for the decisionmaking function 
    described at 28 CFR 2.23, the role of the Regional Administrator will 
    not change. Thus, the substitution of the title Executive Hearing 
    Examiner for ``Regional Administrator'' in 28 CFR 2.23 reflects agency 
    structural changes that are outside the scope of the function described 
    by that regulation. The Executive Hearing Examiner will continue to 
    provide, for each case to be decided by the Commission, the review and 
    participation of a senior hearing examiner before a panel 
    recommendation is finalized.
    
    Implementation
    
        This rule change will take effect upon the anticipated closing of 
    the Commission's regional office, and the consolidation of agency 
    operational staff at the Commission's Chevy Chase, Maryland 
    Headquarters. Thereafter, Regional Commissioners will continue to 
    decide cases arising in each Commissioner's respective region. However, 
    Regional Commissioners will be served by a centralized operations 
    staff.
    
    Executive Order 12866 and Regulatory Flexibility Statement
    
        The U.S. Parole Commission has determined that this rule is not a 
    significant rule within the meaning of Executive Order 12866, and the 
    rule has, accordingly, not been reviewed by the Office of Management 
    and Budget. The rule will not have a significant economic impact upon a 
    substantial number of small entities, within the meaning of the 
    Regulatory Flexibility Act, 5 U.S.C. 605(b).
    
    List of Subjects in 28 CFR Part 2
    
        Administrative practice and procedure, Probation and parole, 
    Prisoners.
        Accordingly, the U.S. Parole Commission adopts the following 
    amendment to 28 CFR part 2:
    
    Text of the Final Rule
    
    PART 2--[AMENDED]
    
        (1) The authority citation for 28 CFR Part 2 continues to read as 
    follows:
    
        Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
    
    Sec. 2.23  [Amended]
    
        (2) 28 CFR Part 2, Sec. 2.23 is amended by deleting the words 
    ``Regional Administrator'' and substituting ``Executive Hearing 
    Examiner'' wherever the words ``Regional Administrator'' appear.
    
        Dated: September 21, 1995.
    Jasper R. Clay, Jr.,
    Vice Chairman, U.S. Parole Commission.
    [FR Doc. 95-24195 Filed 9-29-95; 8:45 am]
    BILLING CODE 4410-01-P
    
    

Document Information

Effective Date:
1/31/1996
Published:
10/02/1995
Department:
Parole Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-24195
Dates:
January 31, 1996.
Pages:
51348-51349 (2 pages)
PDF File:
95-24195.pdf
CFR: (1)
28 CFR 2.23