28 C.F.R. § 16.200

Current through November 30, 2024

Section 16.200 - Definitions

As used in this part:

(a) The term Commission means the U.S. Parole Commision and any subdivision thereof authorized to act on its behalf.

(b) The term meeting refers to the deliberations of at least the number of Commissioners required to take action on behalf of the Commission where such deliberations determine or result in the joint conduct or disposition of official Commission business.

(c) Specifically included in the term meeting are;

(1) Meetings of the Commission required to be held by 18 U.S.C. 4203(a);

(2) Special meetings of the Commission called pursuant to 18 U.S.C. 4204(a)(1);

(3) Meetings of the National Commissioners in original jurisdiction cases pursuant to 28 CFR 2.17(a) ;

(4) Meetings of the entire Commission to determine original jurisdiction appeal cases pursuant to 28 CFR 2.27 ; and

(5) Meetings of the National Appeals Board pursuant to 28 CFR 2.26 .

(6) Meetings of the Commission to conduct a hearing on the record in conjunction with applications for certificates of exemption under section 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, and section 411 of the Employee Retirement Income Security Act of 1974 ( 28 CFR 4.1-17 and 28 CFR 4a.1-17 ). ¹

¹ Part 4a was removed at 44 FR 6890, Feb. 2, 1979.

(d) Specifically excluded from the term meeting are:

(1) Determination made through independent voting of the Commissioners without the joint deliberation of the number of Commissioners required to take such action, pursuant to § 16.201 ;

(2) Original jurisdiction cases determined by sequential vote pursuant to 28 CFR 2.17 ;

(3) Cases determined by sequential vote pursuant to 28 CFR 2.24 and 2.25 ;

(4) National Appeals Board cases determined by sequential vote pursuant to 28 CFR 2.26 ;

(5) Meetings of special committees of Commissioners not constituting a quorum of the Commission, which may be established by the Chairman to report and make recommendations to the Commission or the Chairman on any matter.

(6) Determinations required or permitted by these regulations to open or close a meeting, or to withhold or disclose documents or information pertaining to a meeting.

(e) All other terms used in this part shall be deemed to have the same meaning as identical terms used in chapter I, part 2 of this title.

28 C.F.R. §16.200

42 FR 14713, 3/16/1977, as amended at 43 FR 4978, 2/7/1978