[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49659-49660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23842]
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DEPARTMENT OF JUSTICE
28 CFR Part 68
[EOIR No. 116F; A.G. ORDER No. 2255-99]
RIN 1125-AA17
Office of the Chief Administrative Hearing Officer; Executive
Office for Immigration Review; 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
AGENCY: Office of the Chief Administrative Hearing Officer, Executive
Office for Immigration Review, Justice.
ACTION: Final rule.
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SUMMARY: This final rule adopts the interim rule of the Office of the
Chief Administrative Hearing Officer (OCAHO), published February 12,
1999, at 64 FR 7066. This final rule amends the regulations of OCAHO
pertaining to employer sanctions, unfair immigration-related employment
practice cases, and immigration-related document fraud. The final rule
implements various provisions of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 and the Debt Collection
Improvement Act of 1996, makes various other changes to the OCAHO's
procedural regulations, and sets forth clerical and technical
corrections to the interim rule.
DATES: This final rule is effective September 14, 1999.
FOR FURTHER INFORMATION CONTACT:
Charles Adkins-Blanch, Acting General Counsel, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 2400, Falls Church,
Virginia 22041, telephone number (703) 305-0470.
SUPPLEMENTARY INFORMATION: The IIRIRA, enacted on September 30, 1996,
amends the employer sanctions, unfair immigration-related employment
practices and document fraud sections of the Immigration and
Nationality Act (INA) in several ways (sections 274A, 274B, and 274C of
the INA, respectively). The Debt Collection Improvement Act of 1996,
Public Law 104-134, Title III (``Debt Collection Improvement Act''),
110 Stat. 1321, 1321-1358 (1996), mandates that the civil penalties in
each of these three sections of the INA be adjusted to reflect
inflation. In addition, the OCAHO examined its regulations and made
various changes perceived as necessary in light of case-by-case
experiences since the 1991 amendments to its regulations. On February
12, 1999, the Department of Justice published an interim rule
containing changes to the OCAHO's regulations designed to make the
regulations comport with one of the aforementioned statutes, clarify
any existing ambiguity, and similarly contribute to the fair and
efficient administration of sections 274A, 274B, and 274C of the INA.
Although comments were requested, none were received. Accordingly, the
changes to the regulations, previously published as an interim rule,
are now adopted as a final rule with technical corrections.
Need for Correction
Upon further review of the interim rule, the OCAHO is making
certain clerical and technical corrections. These corrections are
purely technical and non-substantive, and do not impose new
requirements.
In the heading and introductory text of Sec. 68.33(c), the final
rule replaces the word ``respondents'' with the phrase ``parties other
than the Department of Justice.'' This technical correction is
necessary as complainants in cases arising under section 274B of the
INA may be individuals or entities other than the Department of
Justice. In Sec. 68.33(c)(3)(iii), the word ``finds'' was inadvertently
omitted. The final rule corrects this clerical omission. All other
corrections are for punctuation.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100,000,000 or
[[Page 49660]]
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of the United States-based companies to
compete with foreign-based companies in domestic and export markets.
Regulatory Flexibility Act
In accordance with 5 U.S.C. 605(b), the Attorney General certifies
that this rule does not have a significant economic impact on a
substantial number of small entities. No additional costs will be
incurred as a result of this rule.
Executive Order 12866
The Attorney General has determined that this rule is not a
significant regulatory action under Executive Order No. 12866, and
accordingly this rule has not been reviewed by the Office of Management
and Budget.
Executive Order 12612
This rule has no Federalism implications warranting the preparation
of a Federalism Assessment in accordance with Executive Order No.
12612.
Executive Order 12988
This complies with the applicable standards provided in sections
3(a) and 3(b)(2) of Executive Order No. 12988
List of Subjects in 28 CFR Part 68
Administrative practices and procedure, Aliens, Citizenship and
naturalization, Civil rights, Discrimination in employment, Employment,
Equal employment opportunity, Immigration, Nationality, Non-
discrimination.
Accordingly, the interim rule amendment 28 CFR Part 68 which was
published at 64 FR 7066 on February 12, 1999, is adopted as a final
rule with the following corrections:
PART 68--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
1. The authority citation for part 68 continues to read as follows:
Authority: 5 U.S.C. 301, 554; 8 U.S.C. 1103, 1324a, 1324b, and
1324c.
2. In Sec. 68.2, remove the period at the end of the sentence
defining ``Unfair immigration-related employment practice cases'' and
add, in its place, a semicolon. Remove the semicolon at the end of the
sentence defining ``Unlawful employment cases'' and add, in its place,
a period.
3. In Sec. 68.33, revise paragraph (c) heading and introductory
text, and paragraph (c)(3)(iii) to read as follows:
Sec. 68.33 Participation of parties and representation.
(c) Representation for parties other than the Department of
Justice. Persons who may appear before the Administrative Law Judges on
behalf of parties other than the Department of Justice include:
* * * * *
(3) * * *
(iii) Denial of authority to appear. Except as provided in
paragraph (c)(3)(iv) of this section, the Administrative Law Judge may
enter an order denying the privilege of appearing to any individual who
the Judge finds does not possess the requisite qualifications to
represent others; is lacking in character or integrity; has engaged in
unethical or improper professional conduct; or has engaged in an act
involving moral turpitude.
* * * * *
4. In Sec. 6852, paragraph (c)(5), remove the comma after the
phrase ``on or after March 15, 1999'' the second time it appears.
Dated: September 4, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-23842 Filed 9-13-99; 8:45 am]
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