[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]
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