[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Page 40094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19313]
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DEPARTMENT OF JUSTICE
28 CFR Part 2
Designation of a Commissioner To Act as a Hearing Examiner
AGENCY: Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The U.S. Parole Commission is amending 28 CFR Sec. 2.59 by
replacing it with a regulation which allows the Chairman of the Parole
Commission to designate any Commissioner to serve as a hearing
examiner. The deleted regulation concerned the authority of a Regional
Commissioner to exercise the functions of a hearing examiner in the
absence of a hearing examiner. Designation of a Commissioner to serve
as a hearing examiner will be made with the Commissioner's consent for
specified hearing dockets. A Commissioner who serves as a hearing
examiner will not vote in the same proceeding as a Commissioner. This
amendment replaces an obsolete rule with a regulation that permits the
agency to use more of its resources to accomplish its mission.
EFFECTIVE DATE: October 2, 1995.
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: This new rule provides explicit authority in
the Commission's regulations for the Parole Commission's Chairman to
designate a Parole Commissioner to act as a hearing examiner and
thereby assist the Commission in balancing its workload as the
Commission nears the end of its existence on November 1, 1997. See 18
U.S.C. 4204(a)(3) (authorizing the Chairman to assign duties among
agency staff and Commissioners so as to balance the workload and
provide for orderly administration). Such designations will be made for
specified hearing dockets, and only with the designated Commissioner's
consent.
If a Commissioner acts as a hearing examiner in a parole
proceeding, the rule provides that the Commissioner will be
disqualified from voting in the case as a Commissioner during the
course of the same proceeding. This includes voting on an appeal filed
by the prisoner or parolee to the National Appeals Board under 28 CFR
2.26, or the full Commission under 28 CFR 2.27. This important
limitation preserves the distinction in function between the hearing
examiner and the Parole Commissioner in making release and revocation
decisions, and ensures that appropriate checks and balances are
maintained in the agency's decisionmaking.
The Commission has decided to place this regulation at 28 CFR 2.59,
which has been occupied by a rule which allows a Regional Commissioner
to exercise the authority of a hearing examiner only in the absence of
an examiner. This regulation has been rarely used by the Commission,
and the agency determined that it should be removed as obsolete.
Implementation
This rule may be utilized for any hearings scheduled on or after
October 2, 1995.
Executive Order 12866 and Regulatory Flexibility Statement
The U.S. Parole Commission has determined that this final 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.
The Amendment
Accordingly, the U.S. Parole Commission is adopting the following
amendment to 28 CFR part 2.
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).
(2) 28 CFR part 2, Sec. 2.59 is revised to read as follows:
Sec. 2.59 Designation of a Commissioner to act as a hearing examiner.
The Chairman may designate a Commissioner, with the Commissioner's
consent, to serve as a hearing examiner on specified hearing dockets.
The Commissioner who serves as a hearing examiner may not vote in the
same proceeding as a Commissioner.
Dated: July 27, 1995.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 95-19313 Filed 8-4-95; 8:45 am]
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