Board of Appellate Review; Review of Loss of Nationality, 62196-62197 [E8-24472]
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62196
Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Rules and Regulations
filed. The Board shall grant or deny the
petition for reconsideration and issue
such orders as it deems appropriate.
§ 501.8 Clerk of the Office of the Appellate
Boards; docket of proceedings; records.
(a) Location and business hours. The
Office of the Clerk of the Appellate
Boards is located at 200 Constitution
Avenue, NW., Washington, DC 20210.
The Office of the Clerk is open during
business hours on all days except
Saturdays, Sundays and Federal
holidays, from 8:30 a.m. to 5 p.m.
(b) Docket. The Clerk will maintain a
docket containing a record of all
proceedings before the Board. Each
docketed appeal will be assigned a
number in chronological order based
upon the date on which the notice of
appeal is received. While the Board
generally hears appeals in the order
docketed, the Board retains discretion to
change the order in which a particular
appeal will be considered. The Clerk
will prepare a calendar of cases
submitted or awaiting oral argument
and such other records as may be
required by the Board.
(c) Publication of decisions. Final
decisions of the Board will be published
in such form as to be readily available
for inspection by the general public.
dwashington3 on PRODPC61 with RULES
§ 501.9
Fee.
Representation; Appearances and
(a) Representation. In any proceeding
before the Board, an Appellant may
appear in person or by appointing a
duly authorized individual as his or her
Representative.
(1) Counsel. The designated
Representative may be an attorney who
has been admitted to practice and who
is in good standing with any court of
competent jurisdiction.
(2) Lay representative. A non-attorney
Representative may represent an
Appellant before the Board. He or she
may be an accredited Representative of
an employee organization.
(3) Former members of the Board and
other employees of the Department of
Labor. A former judge of the Board is
not allowed to participate as counsel or
other Representative before the Board in
any proceeding until two years from the
termination of his or her status as a
judge of the Board. The practice of a
former judge or other former employee
of the Department of Labor is governed
by 29 CFR Part 0, Subpart B.
(b) Appearance. No individual may
appear as a Representative in a
proceeding before the Board without
first filing with the Clerk a written
authorization signed by the Appellant to
be represented. When accepted by the
Board, such Representative will
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continue to be recognized unless the
Representative withdraws or abandons
such capacity or the Appellant directs
otherwise.
(c) Change of address. Each Appellant
and Representative authorized to appear
before the Board must give the Clerk
written notice of any change to the
address or telephone number of the
Appellant or Representative. Such
notice must identify the docket number
and name of each pending appeal for
that Appellant, or, in the case of a
Representative, in which he or she is a
Representative before the Board. Absent
such notice, the mailing of documents
to the address most recently provided to
the Board will be fully effective.
(d) Debarment of Counsel or
Representative. In any proceeding,
whenever the Board finds that a person
acting as counsel or other
Representative for the Appellant or the
Director, is guilty of unethical or
unprofessional conduct, the Board may
order that such person be excluded from
further acting as counsel or
Representative in such proceeding.
Such order may be appealed to the
Secretary of Labor or his or her
designee, but proceedings before the
Board will not be delayed or suspended
pending disposition of such appeal.
However, the Board may suspend the
proceeding of an appeal for a reasonable
time for the purpose of enabling
Appellant or the Director to obtain
different counsel or other
Representative. Whenever the Board has
issued an order precluding a person
from further acting as counsel or
Representative in a proceeding, the
Board will, within a reasonable time,
submit to the Secretary of Labor or his
or her designee a report of the facts and
circumstances surrounding the issuance
of such order. The Board will
recommend what action the Secretary of
Labor should take in regard to the
appearance of such person as counsel or
Representative in other proceedings
before the Board. Before any action is
taken debarring a person as counsel or
Representative from other proceedings,
he or she will be furnished notice and
the opportunity to be heard on the
matter.
(e) Fees for attorney, Representative,
or other services. No claim for a fee for
legal or other service performed on
appeal before the Board is valid unless
approved by the Board. Under 18 U.S.C.
292, collecting a fee without the
approval of the Board may constitute a
misdemeanor, subject to fine or
imprisonment for up to a year or both.
No contract for a stipulated fee or on a
contingent fee basis will be approved by
the Board. No fee for service will be
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approved except upon written
application to the Clerk, supported by a
statement of the extent and nature of the
necessary work performed before the
Board on behalf of the Appellant. The
fee application will be served by the
Clerk on the Appellant and a time set in
which a response may be filed. Except
where such fee is de minimis, the fee
request will be evaluated with
consideration of the following factors:
(1) Usefulness of the Representative’s
services;
(2) The nature and complexity of the
appeal;
(3) The capacity in which the
Representative has appeared;
(4) The actual time spent in
connection with the Board appeal; and
(5) Customary local charges for
similar services.
[FR Doc. E8–24930 Filed 10–17–08; 8:45 am]
BILLING CODE 4510–23–P
DEPARTMENT OF STATE
22 CFR Parts 7 and 50
[Public Notice: 6398]
Board of Appellate Review; Review of
Loss of Nationality
State Department.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule eliminates the
Department’s Board of Appellate
Review (L/BAR), which had been
authorized to review certain Department
determinations, in particular those
related to loss of citizenship and
passport denials. Because L/BAR’s
jurisdiction has been superseded or
made obsolete, and in large part
replaced by review of loss of citizenship
and passport matters by the Bureau of
Consular Affairs, this rule eliminates L/
BAR and authorizes on a discretionary
basis an alternative, less cumbersome
review of loss of nationality
determinations by the Bureau of
Consular Affairs.
DATES: This rule is effective October 20,
2008.
FOR FURTHER INFORMATION CONTACT:
Monica A. Gaw, Office of Policy Review
and InterAgency Liaison, Overseas
Citizens Services, who may be reached
at (202) 736–9110, e-mail
GAWMA@state.gov.
The
Department published an interim final
rule, Public Notice 6298 at 73 FR 41256
(July 18, 2008), with 60 days for postpromulgation comment, amending 22
CFR by removing the regulations in Part
SUPPLEMENTARY INFORMATION:
E:\FR\FM\20OCR1.SGM
20OCR1
Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Rules and Regulations
7 that established the Board of
Appellate Review (L/BAR) and revising
§ 50.51 to provide for an alternative
method of review of loss of nationality
determinations on a discretionary basis.
The rule was discussed in detail in
Public Notice 6298, as were the
Department’s reasons for making the
changes to the regulations. There were
no comments to the interim final rule
published July 18, 2008. The
Department is now promulgating a final
rule with no changes.
Regulatory Findings
Administrative Procedure Act
The Department published this rule as
an interim final rule on July 18, 2008,
with 60 days for post-promulgation
comment, in accordance with the
exemption contained in 5 U.S.C.
553(a)(2) for matters relating to agency
management or personnel.
Regulatory Flexibility Act
Since this action is exempt from the
notice and comment procedures
contained in 5 U.S.C. 553, and no other
statute mandates such procedures, no
analysis under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) is
required. However, these changes to the
regulations are hereby certified as not
expected to have a significant impact on
a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, and
Executive Order 13272, section 3(b).
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 million or more
(adjusted annually for inflation) in any
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.
dwashington3 on PRODPC61 with RULES
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement Act of
1996. This rule will not result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
import markets.
VerDate Aug<31>2005
15:13 Oct 17, 2008
Jkt 217001
Executive Order 12866
The Department does not consider
this rule to be a ‘‘significant regulatory
action’’ within the scope of section
3(f)(1) of Executive Order 12866. In
addition, the Department is exempt
from Executive Order 12866 except to
the extent that it is promulgating
regulations in conjunction with a
domestic agency that are significant
regulatory actions. The Department has
nevertheless reviewed the regulation to
ensure its consistency with the
regulatory philosophy and principles set
forth in that Executive Order.
Executive Order 12988—Civil Justice
Reform
The Department has reviewed this
regulation in light of sections 3(a) and
3(b)(2) of Executive Order No. 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Executive Orders 12372 and 13132—
Federalism
This regulation 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. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rule does not have significant federalism
implications warranting the application
of Executive Orders No. 12372 and No.
13132.
National Environmental Policy Act
The Department has analyzed this
regulation for the purpose of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 through 4327) and
has determined that it will not have any
effect on the quality of the environment.
The Paperwork Reduction Act of 1995
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501, et seq.
List of Subjects
22 CFR Part 7
Board of Appellate Review.
22 CFR Part 50
Citizenship, Nationality, Loss of
Nationality.
Accordingly, the interim rule
amending 22 CFR parts 7 and 50
published at 73 FR 41256, July 18, 2008
is adopted as final without change.
■
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62197
Dated: October 7, 2008.
Janice L. Jacobs,
Assistant Secretary of State, Bureau of
Consular Affairs, Department of State.
[FR Doc. E8–24472 Filed 10–17–08; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
22 CFR Part 40
[Public Notice 6395]
RIN 1400–AB68
Uncertified Foreign Health-Care
Workers
Department of State.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule adopts as final
without change the Department’s
interim rule published on December 17,
2002, at 67 FR 77158. The rule changes
the requirements pertaining to the
issuance of visas to certain health care
workers. Certain foreign health care
workers now need to present certificates
establishing competency in a specific
health care field. Certification is issued
by the Commission on Graduates of
Foreign Nursing Schools (CGFNS) or
other credentialing organizations that
have been approved by the Secretary of
Homeland Security (DHS) in
consultation with the Secretary of
Health and Human Services (HHS). This
rule facilitates greater uniformity
between the regulations of DHS and the
Department of State.
DATES: Effective Date: Effective October
20, 2008.
FOR FURTHER INFORMATION CONTACT:
Penafrancia D. Salas, Legislation and
Regulations Division, Visa Services,
Department of State, Washington, DC
20520–0106. Phone: 202–663–1202.
E-mail: (salaspd@state.gov).
SUPPLEMENTARY INFORMATION:
What Is The Background of This Rule?
An alien who seeks to enter the
United States for the purpose of
performing labor as a health care
worker, other than as a physician, is
ineligible for visa issuance and is
inadmissible to the United States unless
the alien presents to the consular officer
a certificate from the CGFNS or a
certificate from an equivalent
independent credentialing organization
approved by DHS in consultation with
HHS that indicates the following:
(a) The alien’s education, training,
license, and experience:
1. Meet all applicable statutory and
regulatory requirements for admission
E:\FR\FM\20OCR1.SGM
20OCR1
]]>Agencies
[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Rules and Regulations]
[Pages 62196-62197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24472]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 7 and 50
[Public Notice: 6398]
Board of Appellate Review; Review of Loss of Nationality
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule eliminates the Department's Board of Appellate
Review (L/BAR), which had been authorized to review certain Department
determinations, in particular those related to loss of citizenship and
passport denials. Because L/BAR's jurisdiction has been superseded or
made obsolete, and in large part replaced by review of loss of
citizenship and passport matters by the Bureau of Consular Affairs,
this rule eliminates L/BAR and authorizes on a discretionary basis an
alternative, less cumbersome review of loss of nationality
determinations by the Bureau of Consular Affairs.
DATES: This rule is effective October 20, 2008.
FOR FURTHER INFORMATION CONTACT: Monica A. Gaw, Office of Policy Review
and InterAgency Liaison, Overseas Citizens Services, who may be reached
at (202) 736-9110, e-mail GAWMA@state.gov.
SUPPLEMENTARY INFORMATION: The Department published an interim final
rule, Public Notice 6298 at 73 FR 41256 (July 18, 2008), with 60 days
for post-promulgation comment, amending 22 CFR by removing the
regulations in Part
[[Page 62197]]
7 that established the Board of Appellate Review (L/BAR) and revising
Sec. 50.51 to provide for an alternative method of review of loss of
nationality determinations on a discretionary basis.
The rule was discussed in detail in Public Notice 6298, as were the
Department's reasons for making the changes to the regulations. There
were no comments to the interim final rule published July 18, 2008. The
Department is now promulgating a final rule with no changes.
Regulatory Findings
Administrative Procedure Act
The Department published this rule as an interim final rule on July
18, 2008, with 60 days for post-promulgation comment, in accordance
with the exemption contained in 5 U.S.C. 553(a)(2) for matters relating
to agency management or personnel.
Regulatory Flexibility Act
Since this action is exempt from the notice and comment procedures
contained in 5 U.S.C. 553, and no other statute mandates such
procedures, no analysis under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) is required. However, these changes to the regulations are
hereby certified as not expected to have a significant impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act, 5 U.S.C. 601-612, and Executive Order
13272, section 3(b).
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
million or more (adjusted annually for inflation) in any 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 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and import markets.
Executive Order 12866
The Department does not consider this rule to be a ``significant
regulatory action'' within the scope of section 3(f)(1) of Executive
Order 12866. In addition, the Department is exempt from Executive Order
12866 except to the extent that it is promulgating regulations in
conjunction with a domestic agency that are significant regulatory
actions. The Department has nevertheless reviewed the regulation to
ensure its consistency with the regulatory philosophy and principles
set forth in that Executive Order.
Executive Order 12988--Civil Justice Reform
The Department has reviewed this regulation in light of sections
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Orders 12372 and 13132--Federalism
This regulation 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. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
significant federalism implications warranting the application of
Executive Orders No. 12372 and No. 13132.
National Environmental Policy Act
The Department has analyzed this regulation for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 through 4327)
and has determined that it will not have any effect on the quality of
the environment.
The Paperwork Reduction Act of 1995
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act of 1995, 44 U.S.C.
3501, et seq.
List of Subjects
22 CFR Part 7
Board of Appellate Review.
22 CFR Part 50
Citizenship, Nationality, Loss of Nationality.
0
Accordingly, the interim rule amending 22 CFR parts 7 and 50 published
at 73 FR 41256, July 18, 2008 is adopted as final without change.
Dated: October 7, 2008.
Janice L. Jacobs,
Assistant Secretary of State, Bureau of Consular Affairs, Department of
State.
[FR Doc. E8-24472 Filed 10-17-08; 8:45 am]
BILLING CODE 4710-06-P
