Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes
| Published date | 22 August 2019 |
| Citation | 84 FR 43690 |
| Record Number | 2019-17239 |
| Section | Rules and Regulations |
| Court | Parole Commission |
Federal Register, Volume 84 Issue 163 (Thursday, August 22, 2019)
[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43690-43691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17239]
[[Page 43690]]
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DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2019-01]
Paroling, Recommitting, and Supervising Federal Prisoners:
Prisoners Serving Sentences Under the United States and District of
Columbia Codes
AGENCY: United States Parole Commission, Justice.
ACTION: Final rule.
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SUMMARY: The United States Parole Commission is amending its
regulations and eliminating the term ``Executive Hearing Officer'' in
order to allow for more clarity.
DATES: The regulation is effective August 22, 2019.
FOR FURTHER INFORMATION CONTACT: Helen Krapels, General Counsel, U.S.
Parole Commission, 90 K Street NE, Third Floor, Washington, DC 20530,
telephone (202) 346-7030. Questions about this publication are welcome,
but inquiries concerning individual cases cannot be answered over the
telephone.
SUPPLEMENTARY INFORMATION: The United States Parole Commission is
adopting final rules to amend its rules describing the delegation to
hearing examiners in Sec. 2.23 and also the hearing procedures for
prisoners transferred pursuant to treaty in Sec. 2.68. The amendments
are part of our ongoing effort to make our rules easier to understand
for those persons affected by the rules and other interested persons
and organizations.
More specifically, both of these rule amendments involve the term
``Executive Hearing Examiner.'' This term is not defined in the
regulations and is not clearly translatable to the agency. The agency
has interpreted the term to refer to the role of the person who is
reviewing the case as the second hearing examiner, and not the actual
title of a person's position. Therefore, whomever is reviewing the case
as a second hearing examiner, is considered the Executive Hearing
Examiner. An amendment of the regulations that removes the reference to
the Executive Hearing Examiner will help clarify that any of the
agency's hearing examiners can be the second vote on the hearing
examiner panel, and there is no requirement for someone with the title
of Executive Hearing Examiner or a senior hearing examiner to review
the case before it is submitted to the Commission.
Public Comment
In the notice of proposed rulemaking, we encourage the public to
comment on our proposed changes. However, regarding these final rule
amendments, only the terminology is changed and the term ``Executive
Hearing Examiner'' is removed for clarity. The way that the actual
hearings are conducted, and by whom, is not affected by these rule
amendments. Thus, public comment is not required in this matter and the
amended rules will take effect upon publication in the Federal
Register.
Executive Orders 12866 and 13563
These regulations have been drafted and reviewed in accordance with
Executive Order 12866, ``Regulation Planning and Review,'' section
1(b), Principles of Regulation, and in accordance with Executive Order
13565, ``Improving Regulation and Regulatory Review,'' section 1(b),
General Principles of Regulation. The Commission has determined that
these rules are not a ``significant regulatory action'' under Executive
Order 12866, section 3(f), Regulatory Planning and Review, and
accordingly these rules have not been reviewed by the Office of
Management and Budget.
Executive Order 13132
These rules will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Under Executive Order 13132, these rules do not
have sufficient federalism implications requiring a Federalism
Assessment.
Regulatory Flexibility Act
These rules 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).
Unfunded Mandates Reform Act of 1995
These rules will not cause State, local, or tribal governments, or
the private sector, to spend $100,000,000 or more in any one year, and
it will not significantly or uniquely affect small governments. No
action under the Unfunded Mandates Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle
E--Congressional Review Act)
None of these rules are a ``major rule'' as defined by Section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996
Subtitle E-Congressional Review Act, now codified at 5 U.S.C. 804(2).
These rules will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on the ability of United States-based
companies to compete with foreign-based companies. Moreover, these are
rules of agency practice or procedure that does not substantially
affect the rights or obligations of non-agency parties, and does not
come within the meaning of the term ``rule'' as used in Section
804(3)(C), now codified at 5 U.S.C. 804(3)(C). Therefore, the reporting
requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Prisoners, Probation and
parole.
The Final Rule
Accordingly, the U. S. Parole Commission adopts the following
revisions to 28 CFR part 2 as set forth below:
PART 2--[AMENDED]
0
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).
0
2. Revise Sec. 2.23 to read as follows:
Sec. 2.23 Delegation to hearing examiners.
(a) There is hereby delegated to hearing examiners the authority
necessary to conduct hearings and make recommendations relative to the
grant or denial of parole or reparole, revocation or reinstatement of
parole or mandatory release, and conditions of parole. Any hearing may
be conducted by a single examiner or by a panel of examiners.
Notwithstanding the provisions of Sec. Sec. 2.48 through 2.51,
Sec. Sec. 2.101 through 2.104 and Sec. Sec. 2.214 through 2.217,
there is also delegated to hearing examiners the authority necessary to
make a probable cause finding, to determine the location of a
revocation hearing, and to determine the witnesses who will attend the
hearing, including the authority to issue subpoenas for witnesses and
evidence.
(b) The concurrence of two examiners shall be required to obtain a
panel recommendation to the Regional
[[Page 43691]]
Commissioner. A panel recommendation is required in each case decided
by a Regional Commissioner after the holding of a hearing.
(c) An examiner panel recommendation exists of two concurring
examiner votes. In the event of divergent votes, the case shall be
referred to another hearing examiner for another vote. If concurring
votes do not result from such a referral, the case shall be referred to
any available hearing examiner until a panel recommendation is
obtained.
3. Revise Sec. 2.68(h)(6) to read as follows:
Sec. 2.68 Prisoners transferred pursuant to treaty.
* * * * *
(h) * * *
(6) The transferee shall be notified of the examiner's recommended
findings of fact, and the examiner's recommended determination and
reasons therefore, at the conclusion of the hearing. The case shall
thereafter be reviewed by a second hearing examiner, and the Commission
shall make its determination upon a panel recommendation.
* * * * *
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2019-17239 Filed 8-21-19; 8:45 am]
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