Transcript
Page 1: Administrative Law An Introduction to Administrative Law Resources

Administrative Law

An Introduction to Administrative

Law Resources

Page 2: Administrative Law An Introduction to Administrative Law Resources

Undefined Term

Unexpected Situation or Ambiguous Phrase

Statute

Fill Gaps with outsideinformation

The Big Picture

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Gap Fillers for Statutes

Cases Legislative History Administrative Law

• Administrative Regulations• Administrative Decisions

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Administrative Process

Congress passes Enabling Act which creates agency and delegates the power to create and/or enforce regulations

Each agency possesses different powers as granted by its enabling act

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Government Directories

U.S. Government Manual and Federal Regulatory Directory • Contain

• Citations to enabling act• Description of agency’s purpose and

powers• Phone numbers and addresses

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Creating Regulations

Agency issues:• Notice of Proposed Rulemaking with

Request for Comments• Proposed Rules with Request for

Comments• Final Rules with Response to

Comments

Page 7: Administrative Law An Introduction to Administrative Law Resources

Federal Register

Daily newspaper of the executive branch

Chronological listing of:• Notices• Proposed and Final Rules• “Legislative history” of regulations• Presidential documents of general

applicability

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Federal Register / Vol. 68, No. 40 / Friday, February 28, 2004 / Rules and Regulations 9823

________________________________

DEPARTMENT OF JUSTICE

8 CFR Parts 1, 3, 101, 103, 204, 205, 207, 208, 209, 211, 212, 214, 215, 216, 235, 236, 238, 239, 240, 241, 244, 245, 246, 249, 270, 274a, 280, 287, 292, 337, 507, 1001, 1003, 1101, 1103, 1204, 1205, 1207, 1208, 1209, 1211, 1212, 1214, 1215, 1216, 1235, 1236, 1238, 1239, 1240, 1241, 1244, 1245, 1246, 1249, 1270, 1274a, 1280, 1287, 1292, 1299, 1337

28 CFR Part 200

[EOIR No. 137F; AG Order No. 2662–2003]

RIN 1125–AA42

Aliens and Nationality; Homeland Security; Reorganization of Regulations

AGENCY: Department of Justice.

ACTION: Final rule.

_____________________________________ SUMMARY: The Homeland Security Act of 2002, as amended, transfers the functions of the Immigration and Naturalization Service to the Department of Homeland Security. The Homeland Security Act of 2002, as amended, retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review and other functions

related to immigration that are indigenous to the functions of the Attorney General. These changes require reorganization of title 8 of the Code of Federal Regulations. This final rule reflects the transfer of functions of the Immigration and Naturalization Service through the division of jurisdiction over regulations currently codified in 8 CFR chapter I, by establishing a new chapter V in 8 CFR, by transferring or duplicating certain parts and sections to the new chapter V and to 28 CFR chapter I, and by making other amendments as are necessary to continue existing authorities after the transfer of functions to the Department of Homeland Security on March 1, 2003. DATES: This rule is effective on February 28, 2003. FOR FURTHER INFORMATION CONTACT: Executive Office for Immigration Review: Chuck Adkins-Blanch, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041, telephone (703) 305–0470; Civil Division: Thomas W. Hussey, Director, Office of Immigration Litigation, United States Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530, telephone (202) 616–4852. SUPPLEMENTARY INFORMATION: Background

The Homeland Security Act of 2002, as amended (‘‘HSA’’), transfers the functions of

the Immigration and Naturalization Service (‘‘Service’’ or ‘‘INS’’) to the Department of Homeland Security (‘‘DHS’’). Pub. L. 107–296, tit. IV, subtits. D, E, F, 116 Stat. 2135, 2192 (Nov. 25, 2002), as amended (‘‘HSA’’). The HSA retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review (‘‘EOIR’’). HSA, 116 Stat. at 2273. This rule reflects that transfer through the division of jurisdiction over regulations currently codified in 8 CFR Chapter I.

EOIR was created by the Attorney General in 1983 to combine the functions of immigration judges and the Board of Immigration Appeals into a single administrative component of the Department of Justice under the Attorney General. 48 FR 8038 (Feb. 25, 1983). The Office of the Chief Administrative Hearing Officer (‘‘OCAHO’’) and its administrative law judges were added to EOIR in 1987. 52 FR 44971 (Nov. 24, 1987). This administrative structure separated the administrative adjudication functions from the enforcement and service functions of the INS, both for administrative efficiency and to foster independent judgment in adjudication.

However, because both INS and EOIR were elements of the Department of Justice, the regulations affecting these components were included in the same chapter. The Attorney General, as the head of the Department, amended regulations affecting both

Heading--contains:•Name of Department•Name of Agency or Agencies involved•CFR parts affected by changes•Agency docket numbers•Action statement

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Federal Register / Vol. 68, No. 40 / Friday, February 28, 2004 / Rules and Regulations 9823

________________________________

DEPARTMENT OF JUSTICE

8 CFR Parts 1, 3, 101, 103, 204, 205, 207, 208, 209, 211, 212, 214, 215, 216, 235, 236, 238, 239, 240, 241, 244, 245, 246, 249, 270, 274a, 280, 287, 292, 337, 507, 1001, 1003, 1101, 1103, 1204, 1205, 1207, 1208, 1209, 1211, 1212, 1214, 1215, 1216, 1235, 1236, 1238, 1239, 1240, 1241, 1244, 1245, 1246, 1249, 1270, 1274a, 1280, 1287, 1292, 1299, 1337

28 CFR Part 200

[EOIR No. 137F; AG Order No. 2662–2003]

RIN 1125–AA42

Aliens and Nationality; Homeland Security; Reorganization of Regulations

AGENCY: Department of Justice.

ACTION: Final rule.

_____________________________________ SUMMARY: The Homeland Security Act of 2002, as amended, transfers the functions of the Immigration and Naturalization Service to the Department of Homeland Security. The Homeland Security Act of 2002, as amended, retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review and other functions

related to immigration that are indigenous to the functions of the Attorney General. These changes require reorganization of title 8 of the Code of Federal Regulations. This final rule reflects the transfer of functions of the Immigration and Naturalization Service through the division of jurisdiction over regulations currently codified in 8 CFR chapter I, by establishing a new chapter V in 8 CFR, by transferring or duplicating certain parts and sections to the new chapter V and to 28 CFR chapter I, and by making other amendments as are necessary to continue existing authorities after the transfer of functions to the Department of Homeland Security on March 1, 2003. DATES: This rule is effective on February 28, 2003. FOR FURTHER INFORMATION CONTACT: Executive Office for Immigration Review: Chuck Adkins-Blanch, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041, telephone (703) 305–0470; Civil Division: Thomas W. Hussey, Director, Office of Immigration Litigation, United States Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530, telephone (202) 616–4852. SUPPLEMENTARY INFORMATION: Background

The Homeland Security Act of 2002, as amended (‘‘HSA’’), transfers the functions of

the Immigration and Naturalization Service (‘‘Service’’ or ‘‘INS’’) to the Department of Homeland Security (‘‘DHS’’). Pub. L. 107–296, tit. IV, subtits. D, E, F, 116 Stat. 2135, 2192 (Nov. 25, 2002), as amended (‘‘HSA’’). The HSA retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review (‘‘EOIR’’). HSA, 116 Stat. at 2273. This rule reflects that transfer through the division of jurisdiction over regulations currently codified in 8 CFR Chapter I.

EOIR was created by the Attorney General in 1983 to combine the functions of immigration judges and the Board of Immigration Appeals into a single administrative component of the Department of Justice under the Attorney General. 48 FR 8038 (Feb. 25, 1983). The Office of the Chief Administrative Hearing Officer (‘‘OCAHO’’) and its administrative law judges were added to EOIR in 1987. 52 FR 44971 (Nov. 24, 1987). This administrative structure separated the administrative adjudication functions from the enforcement and service functions of the INS, both for administrative efficiency and to foster independent judgment in adjudication.

However, because both INS and EOIR were elements of the Department of Justice, the regulations affecting these components were included in the same chapter. The Attorney General, as the head of the Department, amended regulations affecting both

Other preliminary information includes

effective dates, comment deadlines, and contact names and addresses

Page 10: Administrative Law An Introduction to Administrative Law Resources

Federal Register / Vol. 68, No. 40 / Friday, February 28, 2004 / Rules and Regulations 9823

________________________________

DEPARTMENT OF JUSTICE

8 CFR Parts 1, 3, 101, 103, 204, 205, 207, 208, 209, 211, 212, 214, 215, 216, 235, 236, 238, 239, 240, 241, 244, 245, 246, 249, 270, 274a, 280, 287, 292, 337, 507, 1001, 1003, 1101, 1103, 1204, 1205, 1207, 1208, 1209, 1211, 1212, 1214, 1215, 1216, 1235, 1236, 1238, 1239, 1240, 1241, 1244, 1245, 1246, 1249, 1270, 1274a, 1280, 1287, 1292, 1299, 1337

28 CFR Part 200

[EOIR No. 137F; AG Order No. 2662–2003]

RIN 1125–AA42

Aliens and Nationality; Homeland Security; Reorganization of Regulations

AGENCY: Department of Justice.

ACTION: Final rule.

_____________________________________ SUMMARY: The Homeland Security Act of 2002, as amended, transfers the functions of the Immigration and Naturalization Service to the Department of Homeland Security. The Homeland Security Act of 2002, as amended, retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review and other functions

related to immigration that are indigenous to the functions of the Attorney General. These changes require reorganization of title 8 of the Code of Federal Regulations. This final rule reflects the transfer of functions of the Immigration and Naturalization Service through the division of jurisdiction over regulations currently codified in 8 CFR chapter I, by establishing a new chapter V in 8 CFR, by transferring or duplicating certain parts and sections to the new chapter V and to 28 CFR chapter I, and by making other amendments as are necessary to continue existing authorities after the transfer of functions to the Department of Homeland Security on March 1, 2003. DATES: This rule is effective on February 28, 2003. FOR FURTHER INFORMATION CONTACT: Executive Office for Immigration Review: Chuck Adkins-Blanch, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041, telephone (703) 305–0470; Civil Division: Thomas W. Hussey, Director, Office of Immigration Litigation, United States Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530, telephone (202) 616–4852. SUPPLEMENTARY INFORMATION: Background

The Homeland Security Act of 2002, as amended (‘‘HSA’’), transfers the functions of

the Immigration and Naturalization Service (‘‘Service’’ or ‘‘INS’’) to the Department of Homeland Security (‘‘DHS’’). Pub. L. 107–296, tit. IV, subtits. D, E, F, 116 Stat. 2135, 2192 (Nov. 25, 2002), as amended (‘‘HSA’’). The HSA retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review (‘‘EOIR’’). HSA, 116 Stat. at 2273. This rule reflects that transfer through the division of jurisdiction over regulations currently codified in 8 CFR Chapter I.

EOIR was created by the Attorney General in 1983 to combine the functions of immigration judges and the Board of Immigration Appeals into a single administrative component of the Department of Justice under the Attorney General. 48 FR 8038 (Feb. 25, 1983). The Office of the Chief Administrative Hearing Officer (‘‘OCAHO’’) and its administrative law judges were added to EOIR in 1987. 52 FR 44971 (Nov. 24, 1987). This administrative structure separated the administrative adjudication functions from the enforcement and service functions of the INS, both for administrative efficiency and to foster independent judgment in adjudication.

However, because both INS and EOIR were elements of the Department of Justice, the regulations affecting these components were included in the same chapter. The Attorney General, as the head of the Department, amended regulations affecting both

The Federal Register publishes a detailed

discussion of the action, including the agency’sresponse to comments.This is usually the only

traceable “history” of regulations.

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Federal Register / Vol. 68, No. 40 / Friday, February 28, 2004 / Rules and Regulations 9835

16a. The authority citation for newly duplicated part 1208 continues to read as follows: Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

Chapter I, Subchapter B PART 209—[DUPLICATED AS PART 1209] Chapter V, Subchapter B PART 1209—ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM 17. All sections in part 209 are duplicated in part 1209, as set out in the following table:

Part 209 Heading Is duplicated as Part 1209

§209.1…………………………. Adjustment of status of refugees ………………………………….. §1209.1 §209.2…………………………. Adjustment of status of aliens granted asylum…………………….. §1209.2

17a. The authority citation for newly designated part 1209 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR part 2.

PART 211—[DUPLICATED IN PART AS PART 1211] Chapter V, Subchapter B PART 1211—DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS 18. Section 211.4 is duplicated in part 1211, as section 1211.4. 18a. The authority citation for newly designated part 1211 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR part 2.

PART 212—[DUPLICATED AS PART 1212] Chapter V, Subchapter B PART 1212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE 19. All sections in part 212 are duplicated in part 1212, as set out in the following table:

Following the detailed discussion, the agency publishes the text of

new, proposed or amended regulations.

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Code of Federal Regulations

Provides subject access to federal regulations

Republished annually in four parts Includes:

• Current text of regulations of a general and permanent nature

• Citations for statutory authority• Citations for administrative history

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§ 209.1 8 CFR Ch. I (1-1-04 Edition)

with an exclusion or deportation proceeding.

[55 FR 30680, July 27, 1990, as amended at 59 FR 62301, Dec. 5, 1994]

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

Sec. 209.1 Admission for permanent residence after one year. 209.2 Adjustment of status of alien granted asylum.

AUTHORITY: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR PART 2.

§ 209.1 Admission for permanent residence after one year. (a) Eligibility. (1) Every alien in the United States as a ref-ugee under §207 of this chapter whose status has not been term-inated, is required to appear before an immigration officer one year after entry to determine his/her admissibility under sections 235 and 240 of the Act. The applicant shall be examined under oath to determine admissability. If the applicant is found to be admissible, he/she shall be inspected and admitted for lawful permanent residence as of the date of the alien's arrival in the United States. If the applicant is determined to be inadmissable, he/she shall be informed that he/she may renew the request for admission to the United States as an immigrant in exclusion proceedings under section 236 of the Act. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under 207 of the Act, whose application is based on his/her refugee status.

(2) Every alien processed by the Immigration and Naturaliza-tion Service abroad and paroled into the United States as a ref-ugee after April 1, 1980, and before May 18, 1980 shall be con-sidered as having entered the United States as a refugee under section 207(a) of the Act. (b) Processing Application. One year after arrival in the United States, every refugee entrant shall be notified to appear for examination before an immigration officer. Each applicant shall be examined under oath to determine eligibility for per-manent residence. If the refugee entrant has been physically present in the United States for at least one year, forms FD-258 (Applicant Card) and G-325A (Biographical Information) will be processed. Unless there were medical grounds for exclusion at the time of arrival, a United States Public Health Service medical examination is not required. If the alien is found admissible after inspection under section 209(a) of the Act, he/she shall be processed for issuance of Form I-551 (Alien Registration Receipt Card.)

[46 FR 45119, Sept. 10, 1981, as amended at 62 FR 10346, Mar. 6, 1997]

§ 209.2 Adjustment of status of alien granted asylum. The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status. (a) Eligibility. (1) Except as provided in paragraph (a)(2) this section, the status of any alien who has been granted asylum in the United States may be adjusted by the district director to that of an alien lawfully admitted for permanent residence,

Citation:8 CFR § 209.1 (2004)

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§ 209.1 8 CFR Ch. I (1-1-04 Edition)

with an exclusion or deportation proceeding.

[55 FR 30680, July 27, 1990, as amended at 59 FR 62301, Dec. 5, 1994]

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

Sec. 209.1 Admission for permanent residence after one year. 209.2 Adjustment of status of alien granted asylum.

AUTHORITY: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR PART 2.

§ 209.1 Admission for permanent residence after one year. (a) Eligibility. (1) Every alien in the United States as a ref-ugee under §207 of this chapter whose status has not been term-inated, is required to appear before an immigration officer one year after entry to determine his/her admissibility under sections 235 and 240 of the Act. The applicant shall be examined under oath to determine admissability. If the applicant is found to be admissible, he/she shall be inspected and admitted for lawful permanent residence as of the date of the alien's arrival in the United States. If the applicant is determined to be inadmissable, he/she shall be informed that he/she may renew the request for admission to the United States as an immigrant in exclusion proceedings under section 236 of the Act. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under 207 of the Act, whose application is based on his/her refugee status.

(2) Every alien processed by the Immigration and Naturaliza-tion Service abroad and paroled into the United States as a ref-ugee after April 1, 1980, and before May 18, 1980 shall be con-sidered as having entered the United States as a refugee under section 207(a) of the Act. (b) Processing Application. One year after arrival in the United States, every refugee entrant shall be notified to appear for examination before an immigration officer. Each applicant shall be examined under oath to determine eligibility for per-manent residence. If the refugee entrant has been physically present in the United States for at least one year, forms FD-258 (Applicant Card) and G-325A (Biographical Information) will be processed. Unless there were medical grounds for exclusion at the time of arrival, a United States Public Health Service medical examination is not required. If the alien is found admissible after inspection under section 209(a) of the Act, he/she shall be processed for issuance of Form I-551 (Alien Registration Receipt Card.)

[46 FR 45119, Sept. 10, 1981, as amended at 62 FR 10346, Mar. 6, 1997]

§ 209.2 Adjustment of status of alien granted asylum. The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status. (a) Eligibility. (1) Except as provided in paragraph (a)(2) this section, the status of any alien who has been granted asylum in the United States may be adjusted by the district director to that of an alien lawfully admitted for permanent residence,

Table of Contents

Text of Regulations

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§ 209.1 8 CFR Ch. I (1-1-04 Edition)

with an exclusion or deportation proceeding.

[55 FR 30680, July 27, 1990, as amended at 59 FR 62301, Dec. 5, 1994]

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

Sec. 209.1 Admission for permanent residence after one year. 209.2 Adjustment of status of alien granted asylum.

AUTHORITY: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR PART 2.

§ 209.1 Admission for permanent residence after one year. (a) Eligibility. (1) Every alien in the United States as a ref-ugee under §207 of this chapter whose status has not been term-inated, is required to appear before an immigration officer one year after entry to determine his/her admissibility under sections 235 and 240 of the Act. The applicant shall be examined under oath to determine admissability. If the applicant is found to be admissible, he/she shall be inspected and admitted for lawful permanent residence as of the date of the alien's arrival in the United States. If the applicant is determined to be inadmissable, he/she shall be informed that he/she may renew the request for admission to the United States as an immigrant in exclusion proceedings under section 236 of the Act. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under 207 of the Act, whose application is based on his/her refugee status.

(2) Every alien processed by the Immigration and Naturaliza-tion Service abroad and paroled into the United States as a ref-ugee after April 1, 1980, and before May 18, 1980 shall be con-sidered as having entered the United States as a refugee under section 207(a) of the Act. (b) Processing Application. One year after arrival in the United States, every refugee entrant shall be notified to appear for examination before an immigration officer. Each applicant shall be examined under oath to determine eligibility for per-manent residence. If the refugee entrant has been physically present in the United States for at least one year, forms FD-258 (Applicant Card) and G-325A (Biographical Information) will be processed. Unless there were medical grounds for exclusion at the time of arrival, a United States Public Health Service medical examination is not required. If the alien is found admissible after inspection under section 209(a) of the Act, he/she shall be processed for issuance of Form I-551 (Alien Registration Receipt Card.)

[46 FR 45119, Sept. 10, 1981, as amended at 62 FR 10346, Mar. 6, 1997]

§ 209.2 Adjustment of status of alien granted asylum. The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status. (a) Eligibility. (1) Except as provided in paragraph (a)(2) this section, the status of any alien who has been granted asylum in the United States may be adjusted by the district director to that of an alien lawfully admitted for permanent residence,

Authority statement contains U.S.C. sections under

which these regulations were promulgated.

Page 16: Administrative Law An Introduction to Administrative Law Resources

§ 209.1 8 CFR Ch. I (1-1-04 Edition)

with an exclusion or deportation proceeding.

[55 FR 30680, July 27, 1990, as amended at 59 FR 62301, Dec. 5, 1994]

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

Sec. 209.1 Admission for permanent residence after one year. 209.2 Adjustment of status of alien granted asylum.

AUTHORITY: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR PART 2.

§ 209.1 Admission for permanent residence after one year. (a) Eligibility. (1) Every alien in the United States as a ref-ugee under §207 of this chapter whose status has not been term-inated, is required to appear before an immigration officer one year after entry to determine his/her admissibility under sections 235 and 240 of the Act. The applicant shall be examined under oath to determine admissability. If the applicant is found to be admissible, he/she shall be inspected and admitted for lawful permanent residence as of the date of the alien's arrival in the United States. If the applicant is determined to be inadmissable, he/she shall be informed that he/she may renew the request for admission to the United States as an immigrant in exclusion proceedings under section 236 of the Act. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under 207 of the Act, whose application is based on his/her refugee status.

(2) Every alien processed by the Immigration and Naturaliza-tion Service abroad and paroled into the United States as a ref-ugee after April 1, 1980, and before May 18, 1980 shall be con-sidered as having entered the United States as a refugee under section 207(a) of the Act. (b) Processing Application. One year after arrival in the United States, every refugee entrant shall be notified to appear for examination before an immigration officer. Each applicant shall be examined under oath to determine eligibility for per-manent residence. If the refugee entrant has been physically present in the United States for at least one year, forms FD-258 (Applicant Card) and G-325A (Biographical Information) will be processed. Unless there were medical grounds for exclusion at the time of arrival, a United States Public Health Service medical examination is not required. If the alien is found admissible after inspection under section 209(a) of the Act, he/she shall be processed for issuance of Form I-551 (Alien Registration Receipt Card.)

[46 FR 45119, Sept. 10, 1981, as amended at 62 FR 10346, Mar. 6, 1997]

§ 209.2 Adjustment of status of alien granted asylum. The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status. (a) Eligibility. (1) Except as provided in paragraph (a)(2) this section, the status of any alien who has been granted asylum in the United States may be adjusted by the district director to that of an alien lawfully admitted for permanent residence,

Source statement in brackets, sometimes

after Authority statement, refers back to the Federal Register for the “history”

of the regulations.

Page 17: Administrative Law An Introduction to Administrative Law Resources

Finding Administrative Regulations

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Indexes to the CFR

Official Index called CFR Index and Finding Aids

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cod

e of

fed

eral

reg

ula

tion

sCFR Indexand Finding Aids

Revised as of January 1, 2004

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CFR Index Aliens

Federally assisted alcohol and drug abuse treatmentprograms, confidentiality of patient records, 42CFR 2

Research subjects, identity protection, 42 CFR 2aSupplemental Security Income recipients, medical

determination and referral for treatment, 20 CFR416

Veterans, medical benefits, 38 CFR 17Alien propertyTaxes under International Claims Settlements Act,

26 CFR 302Taxes under Trading with the Enemy Act, 26 CFR

303AliensSee also Citizenship and naturalization;

Immigration;Refugees

Adjustment of status of certain resident aliens, 8CFR 247

Adjustment of status of refugees and aliens grantedasylum, 8 CFR 209

Adjustment of status, recission, 8 CFR 246Adjustment of status to that of person admitted for

permanent residence, 8 CFR 245

Adjustment of status to that of persons admitted forlawful temporary or permanent resident statusunder Section 245A of Immigration andNationality Act, 8 CFR 245a

Agricultural workersMigrant and seasonal agricultural worker

protection, 29 CFR 500Special agricultural workers, 8 CFR 210Temporary agricultural workers admitted under

Section 216 of the Immigration andNationality

Act, 29 CFR 501Alien crewmembers

Arrival manifests, lists, and supportingdocuments, 8

CFR 251Landing, 8 CFR 252Longshore work by alien crewmen, attestationsby

facilities using alien crewmembers in U.S.ports,

29 CFR 506Longshore work by alien crewmen, performance

limitations, 8 CFR 258Parole, 8 CFR 253

Adjustment of status of refugees and aliens granted

asylum, 8 CFR 209

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§ 209.1 8 CFR Ch. I (1-1-04 Edition)

with an exclusion or deportation proceeding.

[55 FR 30680, July 27, 1990, as amended at 59 FR 62301, Dec. 5, 1994]

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

Sec. 209.1 Admission for permanent residence after one year. 209.2 Adjustment of status of alien granted asylum.

AUTHORITY: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR PART 2.

§ 209.1 Admission for permanent residence after one year. (a) Eligibility. (1) Every alien in the United States as a ref-ugee under §207 of this chapter whose status has not been term-inated, is required to appear before an immigration officer one year after entry to determine his/her admissibility under sections 235 and 240 of the Act. The applicant shall be examined under oath to determine admissability. If the applicant is found to be admissible, he/she shall be inspected and admitted for lawful permanent residence as of the date of the alien's arrival in the United States. If the applicant is determined to be inadmissable, he/she shall be informed that he/she may renew the request for admission to the United States as an immigrant in exclusion proceedings under section 236 of the Act. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under 207 of the Act, whose application is based on his/her refugee status.

(2) Every alien processed by the Immigration and Naturaliza-tion Service abroad and paroled into the United States as a ref-ugee after April 1, 1980, and before May 18, 1980 shall be con-sidered as having entered the United States as a refugee under section 207(a) of the Act. (b) Processing Application. One year after arrival in the United States, every refugee entrant shall be notified to appear for examination before an immigration officer. Each applicant shall be examined under oath to determine eligibility for per-manent residence. If the refugee entrant has been physically present in the United States for at least one year, forms FD-258 (Applicant Card) and G-325A (Biographical Information) will be processed. Unless there were medical grounds for exclusion at the time of arrival, a United States Public Health Service medical examination is not required. If the alien is found admissible after inspection under section 209(a) of the Act, he/she shall be processed for issuance of Form I-551 (Alien Registration Receipt Card.)

[46 FR 45119, Sept. 10, 1981, as amended at 62 FR 10346, Mar. 6, 1997]

§ 209.2 Adjustment of status of alien granted asylum. The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status. (a) Eligibility. (1) Except as provided in paragraph (a)(2) this section, the status of any alien who has been granted asylum in the United States may be adjusted by the district director to that of an alien lawfully admitted for permanent residence,

Use the Table of Contents to determine the relevant sections.

Page 22: Administrative Law An Introduction to Administrative Law Resources

CFR Indexes

Official Index called CFR Index and Finding Aids

CIS Index to the Code of Federal Regulations

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INDEX TO THECODE OF

FEDERAL REGULATIONS

COVERAGE OF THE

2001CODE OF

FEDERAL REGULATIONS

Subject IndexA - D

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ALIENS

NONIMMIGRANTS -- TRAVEL DOCUMENTSDocumentary Requirements; Nonimmigrants; Waivers;

Admission of Certain Inadmissable Aliens; Parole . . . .8 CFR 212OVERPAYMENTS -- PUBLIC ASSISTANCE PROGRAMS

Coverage and Conditions of Eligibility in Financial Assistance Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 CFR 233

PATENTSLicenses, Authorizations, and Statements of Licensing Policy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 CFR 500.502-.584PHYSICIANS -- TRAINING PROGRAMS

Criteria for Evaluating Comprehensive Plan to Reduce Relianceon Alien Physicians . . . . . . . . . . . . . . . . . . . . . . . . . . 45 CFR 51

PILOT CERTIFICATION -- CIVIL AIRCRAFTGeneral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 CFR 61.1-.60Aircraft Ratings and Special Certificates . . . . . . . . 14 CFR 61.61-.77

POLITICAL ASYLUM -- IMMIGRANT CLASSIFICATIONAdjustment of Status of Refugees and Aliens Granted Asylum

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CFR 209PROPERTY ACQUISITION -- VESSELS

Transfers to Noncitizens or to Registry or Operation UnderAuthority of a Foreign Country . . . . . . . . . . . . . 46 CFR 22.11-.19

PROPERTY REHABILITATION -- LOANSSection 312 Rehabilitation Loan Program . . . . . . . . . . . .24 CFR 510

PROPERTY TRANSFER -- GIFT TAXESTransfers in General . . . . . . . . . . . . . . 26 CFR 25.2511-1 to .2511-3

PUBLIC ASSISTANCE PROGRAMS -- ELIGIBILITYCoverage and Conditions of Eligibility in Financial Assistance

Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 CFR 233PUBLIC ASSISTANCE PROGRAMS -- OVERPAYMENTS

Coverage and Conditions of Eligibility in Financial AssistancePrograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 CFR 233

PUBLIC ASSISTANCE PROGRAMS -- STATE AGENCIESState Legalization Impact Assistance Grants . . . . . . . . . . 45 CFR 402

QUARANTINEDefinitions and General Provisions . . . . . . . . . . . . . . . 42 CFR 7.1-.3

REFUGEES -- IMMIGRANT CLASSIFICATIONAdjustment of Status of Refugees and Aliens Granted

Asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CFR 209REPATRIATION -- IMMIGRATION EMERGENCY FUND

Presidential Determination Number 95-49: ImmigrationEmergency Resulting From Alien Smuggling by OrganizedCrime . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 CFR Adm. Order 95-49

RESIDENCE REQUIREMENTS -- INDIVIDUAL INCOME TAXESClassification and Manner of Taxing Alien Individuals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 CFR 1.871-1 to .871-13Classification of Organizations for Tax Purposes [Tables]

. . . . . . . . . . . . . . . . . . . . . . . . . . . .26 CFR 301.7701-1 to .7701(i)-4RETIREMENT INSURANCE BENEFITS -- BENEFITS PAYMENTS

Deductions; Reductions; and Nonpayments of Benefits [Tables]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 CFR 404.401-.480

SOCIAL SECURITY NUMBERSGeneral Procedures . . . . . . . . . . . . . . . . . . . . . . . 20 CFR 422.101-.140

SPOUSES -- IMMIGRANT CLASSIFICATIONConditional Basis of Lawful Permanent Residence Status . . . 8 CFR 216

STATE EMPLOYMENT OFFICES -- EMPLOYMENT SERVICESEmployer Requirements . . . . . . . . . . . . . . . . . . . . . . 8 CFR 274a.1-.10

SUBVERSIVE ACTIVITIES -- NATURALIZATIONMembership in the Communist Party or Any Other Totalitarian

Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 CFR 313WORKERS COMPENSATION -- CONTRACTS

Claims for Compensation Under the War Hazards CompensationAct, as Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CFR 61

ALIMENTARY PASTEUSE: MACARONI PRODUCTS

ALIMONY PAYMENTSSEE ALSO:(BT) PAYMENTS(RT) CHILD SUPPORT PAYMENTS;

DIVORCED PERSONSDEBT COLLECTION -- DEPARTMENT OF DEFENSE

Allotments for Child and Spousal Support . . . . . . . . . . . . . . . 32 CFR 54DEBT COLLECTION -- DEPARTMENT OF THE AIR FORCE

Dependent Support . . . . . . . . . . . . . . . . . . . . . . . . . 32 CFR 818.12-.21DEBT COLLECTION -- DEPARTMENT OF THE ARMY

POLITICAL ASYLUM--IMMIGRANT CLASSIFICATIONAdjustment of Status of Refugees and Aliens Granted Asylum

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CFR 209

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Other Finding Aids

Cases Secondary Resources United States Code Service and

United States Code Annotated

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IMMIGRATION AND NATIONALITY 8 USCS § 1159

§ 1159. Adjustment of status of refugees

[Text of Law and Historical and Statutory Notes omitted]

CODE OF FEDERAL REGULATIONSImmigration and Naturalization Service, Department of Justice--Admission of refugees,8 CFR Part 207.Immigration and Naturalization Service, Department of Justice--Adjustment of status ofrefugees and aliens granted asylum, 8 CFR Part 209.Immigration of Naturalization Service, Department of Justice--Adjustment of status tothat of person admitted for permanent residence, 8 CFR Part 245.

CROSS REFERENCESThis section is referred to in 8 USCS §§ 1151, 1160, 1255a.

RESEARCH GUIDEFederal Procedure L Ed:18A Fed Proc L Ed, Immigration, Naturalization, and Nationality §§ 45:1150, 1152-1154, 1157-1164.

Am Jur:3A Am Jur 2d, Aliens and Citizens §§ 1348, 1350-1352, 1355-1362.

Check the annotationssection for cites to relevant CFR sections.This listing may not be complete but it willget you started in yourresearch.

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Researching Regulations Online

Available on Westlaw, Lexis, and the Internet (including e-CFR through National Archives)

Because of the specificity of most regulations, researching online may be an efficient research choice

Use the Table of Contents features on Westlaw and Lexis

You MUST check the currency of online resources

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Updating Regulations

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Steps for Updating Regulations

1 Find CFR section

Page 30: Administrative Law An Introduction to Administrative Law Resources

§ 209.1 8 CFR Ch. I (1-1-04 Edition)

with an exclusion or deportation proceeding.

[55 FR 30680, July 27, 1990, as amended at 59 FR 62301, Dec. 5, 1994]

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

Sec. 209.1 Admission for permanent residence after one year. 209.2 Adjustment of status of alien granted asylum.

AUTHORITY: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR PART 2.

§ 209.1 Admission for permanent residence after one year. (a) Eligibility. (1) Every alien in the United States as a ref-ugee under §207 of this chapter whose status has not been term-inated, is required to appear before an immigration officer one year after entry to determine his/her admissibility under sections 235 and 240 of the Act. The applicant shall be examined under oath to determine admissability. If the applicant is found to be admissible, he/she shall be inspected and admitted for lawful permanent residence as of the date of the alien's arrival in the United States. If the applicant is determined to be inadmissable, he/she shall be informed that he/she may renew the request for admission to the United States as an immigrant in exclusion proceedings under section 236 of the Act. The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under 207 of the Act, whose application is based on his/her refugee status.

(2) Every alien processed by the Immigration and Naturaliza-tion Service abroad and paroled into the United States as a ref-ugee after April 1, 1980, and before May 18, 1980 shall be con-sidered as having entered the United States as a refugee under section 207(a) of the Act. (b) Processing Application. One year after arrival in the United States, every refugee entrant shall be notified to appear for examination before an immigration officer. Each applicant shall be examined under oath to determine eligibility for per-manent residence. If the refugee entrant has been physically present in the United States for at least one year, forms FD-258 (Applicant Card) and G-325A (Biographical Information) will be processed. Unless there were medical grounds for exclusion at the time of arrival, a United States Public Health Service medical examination is not required. If the alien is found admissible after inspection under section 209(a) of the Act, he/she shall be processed for issuance of Form I-551 (Alien Registration Receipt Card.)

[46 FR 45119, Sept. 10, 1981, as amended at 62 FR 10346, Mar. 6, 1997]

§ 209.2 Adjustment of status of alien granted asylum. The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status. (a) Eligibility. (1) Except as provided in paragraph (a)(2) this section, the status of any alien who has been granted asylum in the United States may be adjusted by the district director to that of an alien lawfully admitted for permanent residence,

8 CFR § 209.1

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Steps for Updating Regulations

1 Find CFR section2 Note date of CFR Revision

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cod

e of

fed

eral

reg

ula

tion

sAliens and Nationality

8Revised as of January 1, 2004

CONTAININGA CODIFICATION OF DOCUMENTSOF GENERAL APPLICABILITYAND FUTURE EFFECT

AS OF JANUARY 1, 2004

Title Page

Page 33: Administrative Law An Introduction to Administrative Law Resources

Steps for Updating Regulations

1 Find CFR section2 Note date of CFR Revision3 Browse latest issue of List of C.F.R.

Sections Affected (LSA) on www.gpoaccess.gov [Note coverage]

Page 34: Administrative Law An Introduction to Administrative Law Resources

code

of

fede

ral r

egul

atio

nsL S A

List of CFR Sections Affected

December 2004

Title 1 - 16Changes January 2, 2004through December 30, 2004

Title 17 - 27Changes April 1, 2004through December 30, 2004

Title 28 - 41Changes July 2, 2004through December 30, 2004

Title 42 - 50Changes October 1, 2003through December 30, 2004

LSA cumulates the changes since each CFR title was last republished.

Title Page

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LSA—LIST OF CFR SECTIONS AFFECTED

CHANGES JANUARY 2, 2004 THROUGH DECEMBER 30, 2004

TITLE 8—ALIENS AND NATIONALITY

Chapter I—Immigration and Naturalization

Service, Department of Justice (Parts 1-599)

Chapter I Heading revised.....................................35275 1 Duplicated and redesignated as Chapter V, Part 1001.......................................................………..9830 Authority citation revised....................................10923 1.1 (o) revised...............................................…….10923 (c), (d), (o) and (p) revised; (u) through (z) added.....................................................………35275 2 Heading, and authority citation revised.............10923 2.1 Revised...................................................……10923 3 Transferred and redesignated as Chapter V, Part 1003.......................................................……….9830 Added........................................................………9831 93.400 Amended; interim.....................................35533 93.404 (a)(1) amended; (OMB numbers); interim.................………………………………..35533 93.406 (a)(2)(i) and (iii) revised; (c) amended; interim...................................................………35533 93.424 (a)(1) and (2) amended; (a)(3) removed; interim...................................................………35533 101 Duplicated and redesignated as Chapter V, Part 1101.......................................................………..9832 103 Heading and authority citation duplicated and redesignated as Chapter V, Part 1103.................9833 Heading, and authority citation revised..............10922

103.1 (b) revised.............................................….35275 103.2 (a)(2) revised..........................................…23012 103.3 (c) amended............................................….9832 Duplicated and redesignated as 1103.3...............9833 Revised.....................................................…….10923 103.4 Duplicated and redesignated as 1103.4.......9833 103.7 (b)(1) amended; interim...............................3800 (b)(1) amended; interim.......................................8992 Duplicated and redesignated as 1103.7................9833 103.37 Added...................................................…..9832 205 Duplicated and transferred to Chapter V, Part 1205.......................................................……….9833 207 Duplicated and transferred to Chapter V, Part 1207.......................................................……….9833 207.3 Duplicated and transferred to Chapter V, Part 1205..................................................……...9833 208 Duplicated and transferred to Chapter V, Part 1208.......................................................……….9834 209 Duplicated and transferred to Chapter V, Part 1209.......................................................……….9835 211 Duplicated and transferred to Chapter V, Part 1211.......................................................……….9835 211.4 Duplicated as 1211.4....................................9835 212 Duplicated and transferred to Chapter V, Part 1212.......................................................……….9835 Authority citation revised...................................35152 212.1 (a) revised; interim...................................…5193 212.5 (a), (b)(3) introductory text and (5), (c), (d) introductory text and (1) and (e)(2)(i) revised...................................................……...35152

209 Duplicated and transferred to Chapter V, Part 1209. . . . . 9835

Title 8

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Federal Register / Vol. 68, No. 40 / Friday, February 28, 2004 / Rules and Regulations 9835

16a. The authority citation for newly duplicated part 1208 continues to read as follows: Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

Chapter I, Subchapter B PART 209—[DUPLICATED AS PART 1209] Chapter V, Subchapter B PART 1209—ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM 17. All sections in part 209 are duplicated in part 1209, as set out in the following table:

Part 209 Heading Is duplicated as Part 1209

§209.1…………………………. Adjustment of status of refugees ………………………………….. §1209.1 §209.2…………………………. Adjustment of status of aliens granted asylum…………………….. §1209.2

17a. The authority citation for newly designated part 1209 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR part 2.

PART 211—[DUPLICATED IN PART AS PART 1211] Chapter V, Subchapter B PART 1211—DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS 18. Section 211.4 is duplicated in part 1211, as section 1211.4. 18a. The authority citation for newly designated part 1211 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR part 2.

PART 212—[DUPLICATED AS PART 1212] Chapter V, Subchapter B PART 1212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE 19. All sections in part 212 are duplicated in part 1212, as set out in the following table:

If the agency has amended the

regulation recently, you will have to

incorporate the new language into the

CFR text.

Page 37: Administrative Law An Introduction to Administrative Law Resources

Steps for Updating Regulations

1 Find CFR section2 Note date of CFR Revision3 Browse latest issue of List of C.F.R.

Sections Affected (LSA) on www.gpoaccess.gov [Note coverage]

4 Check Last Month’s and Current List of C.F.R. Parts Affected on www.gpoaccess.gov

Page 38: Administrative Law An Introduction to Administrative Law Resources

Steps for Updating Regulations

5 Shepardize or KeyCite CFR Citations to determine how cases have dealt with you CFR section

Page 39: Administrative Law An Introduction to Administrative Law Resources

Federal Administrative Decisions

Page 40: Administrative Law An Introduction to Administrative Law Resources

Administrative Decisions

Most federal agencies do write formal opinions to explain their decisions

Page 41: Administrative Law An Introduction to Administrative Law Resources

Agency Decisions may be published in:

Official Reporters • (See Bluebook, pp. 168-170)

Loose-leaf Services• Publications geared toward practitioners which,

in addition to publishing cases, publish relevant statutes, regulations, commentary, etc.

Westlaw, Lexis• Often in Topical databases

Internet

Page 42: Administrative Law An Introduction to Administrative Law Resources

56 F.C.C.2d 9632 Rad. Reg. 2d (P & F) 1331, 1975 WL 29897 (F.C.C.)FCC 75-200

In the Matter of aCITIZEN'S COMPLAINT AGAINST PACIFICA FOUNDATION STATION WBAI (FM), NEW YORK, N.Y.

Declaratory Order

File No. BRH-13

MEMORANDUM OPINION AND ORDER(Adopted February 12, 1975; Released February 21, 1975)

BY THE COMMISSION: CHAIRMAN WILEY CONCURRING IN THE RESULT; COMMISSIONERS REIDAND QUELLO CONCURRING AND ISSUING STATEMENTS; COMMISSIONER ROBINSONCONCURRING AND ISSUING A STATEMENT IN WHICH COMMISSIONER HOOKS JOINS1. During the past several years, the Commission and the Congress have been receiving an increasing number ofcomplaints concerning the use of indecent language on the public's airwaves. In 1970, the Commission focused onthis problem in Eastern Educational Radio (WUHY-FM), 24 FCC 2d 408 (1970) and issued a notice of apparentliability which held 'indecent' the use of the words 'fuck' and 'shit' during a pre-recorded broadcast interview. [FN1]2. Since that decision, the problem has not abated and the standards set forth apparently have failed to resolve theissue. Moreover, the Supreme Court in Miller v. California, 413 U.S. 15 (1973) reformulated the definition ofobscenity which had provided the basis for our definition of indecency in WUHY. Further, Sonderling Corp., 27 RR2d 285, recon. denied 41 FCC 2d 777 (1973) was affirmed sub. nom. Illinois Citizens Committee for Broadcasting,et al. v. FCC, D.C. Cir. No. 73-1652, decided November 20, 1974, and is the first judicial decision upholding theFCC's conclusion that the probable presence of children in the radio audience is relevant to a determination ofobscenity. [FN2] In this declaratory order we consider a citizen's complaint about a broadcast which contained manyof the words about which the public has complained. We review the applicable legal principles and clarify thestandards which will be utilized in considering the public's complaints about the broadcast of 'indecent' language.This order does not deal with the somewhat different problem of 'obscene' language which was discussed by theCommission in Sonderling Corp., supra.

THE COMPLAINT3. First, we consider the facts which give rise to this review. On December 3, 1973, the Commission received acomplaint from a man in New York City stating that in the early afternoon of October 30, 1973, while driving in his

Citations

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“Shepardizing” Agency Decisions

United States Administrative Citations

Topical Shepard’s Citators• Shepard’s Labor Citations• Shepard’s Tax Citations

Lexis Westlaw (KeyCite)

Page 44: Administrative Law An Introduction to Administrative Law Resources

Presidential Documents

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Types of Presidential Documents

Proclamations Executive Orders

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63 FR 64839, 1998 WL 808991 (Pres.)Proclamation 7149

National Great American Smokeout Day, 1998November 19, 1998

By the President of the United States of America

A Proclamation

One of the greatest public health threats facing Americans today is tobacco addiction and all the related health disorders thatcome with it. More Americans die every year from tobacco-related diseases than from AIDS, illegal drugs, alcohol, fires, caraccidents, murders, and suicides combined. Although we have heard for decades the Surgeon General's warning that smokingkills, each day more than 3,000 young Americans become regular smokers--and more than 1,000 of them will die prematurely asa result.This past April, the Surgeon General issued a new report on tobacco that underscores the urgent need for comprehensivelegislation to reduce youth smoking. Over the past 6 years, youth smoking has grown by one-third, increasing by an alarming 80percent among African American youth. Currently, more than 36 percent of high school students smoke, and recent statisticsreleased by the Centers for Disease Control also reaffirm what we already know: nicotine creates an addiction that is extremelydifficult to overcome. Unfortunately, 86 percent of our young people who smoke daily and try to quit are unsuccessful, andcasual teenage smokers--even those who smoke as few as three cigarettes a month--often go on to become regular smokers.My Administration has worked hard for comprehensive and effective tobacco legislation that will cut teen smoking. We willcontinue our efforts until the Congress has acted to pass such legislation. Our 1999 budget also includes an unprecedentedincrease in funding for research at the National Institutes of Health, and the National Cancer Institute plans to allocate millions ofthose dollars for research into prevention and cessation programs to reduce tobacco use. Each year, the Great AmericanSmokeout gives us the opportunity to do what we should do every day: raise awareness among all Americans--but especiallyamong children and teens--of the dangers of smoking. Through such youth-related promotions as the Great AmericanSmokeScream and the Great American Smokeout Pledge, we can encourage young people who smoke to stop, and we canconvince those who don't smoke that they should never start. Adult smokers should also remember the power of personalexample and make a sincere effort to stop smoking on this special day, taking an important step toward a better, healthier future.NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested inme by the Constitution and laws of the United States, do hereby proclaim November 19, 1998, as National Great AmericanSmokeout Day. I call upon all Americans to join together in an effort to educate our children about the dangers of tobacco use,and I urge both smokers and nonsmokers to take this opportunity to begin healthier lifestyles that set a positive example foryoung People.IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of November, in the year of our Lord nineteenhundred and ninety-eight, and of the Independence of the United States of America the two hundred and twenty-third.

WILLIAM J. CLINTONPres. Proc. No. 7149, 63 FR 64839, 1998 WL 808991 (Pres.)

Proclamations are policy announcements

issued to the nation.

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63 FR 6467, 1998 WL 47831 (Pres.)Executive Order 13073Year 2000 Conversion

February 4, 1998

The American people expect reliable service from their Government and deserve the confidence that critical governmentfunctions dependent on electronic systems will be performed accurately and in a timely manner. Because of a design feature inmany electronic systems, a large number of activities in the public and private sectors could be at risk beginning in the year 2000.Some computer systems and other electronic devices will misinterpret the year " 00" as 1900, rather than 2000. Unlessappropriate action is taken, this flaw, known as the "Y2K problem," can cause systems that support those functions to computeerroneously or simply not run. Minimizing the Y2K problem will require a major technological and managerial effort, and it iscritical that the United States Government do its part in addressing this challenge.Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it ishereby ordered as follows:Section 1. Policy. (a) It shall be the policy of the executive branch that agencies shall:(1) assure that no critical Federal program experiences disruption because of the Y2K problem;(2) assist and cooperate with State, local, and tribal governments to address the Y2K problem where those governments dependon Federal information or information technology or the Federal Government is dependent on those governments to performcritical missions;(3) cooperate with the private sector operators of critical national and local systems, including the banking and financial system,the telecommunications system, the public health system, the transportation system, and the electric power generation system, inaddressing the Y2K problem; and(4) communicate with their foreign counterparts to raise awareness of and generate cooperative international arrangements toaddress the Y2K problem.(b) As used in this order, "agency" and "agencies" refer to Federal agencies that are not in the judicial or legislative branches.Sec. 2. Year 2000 Conversion Council. There is hereby established the President's Council on Year 2000 Conversion (the"Council").(a) The Council shall be led by a Chair who shall be an Assistant to the President, and it shall be composed of one representativefrom each of the executive departments and from such other Federal agencies as may be determined by the Chair of the Council(the "Chair").(b) The Chair shall appoint a Vice Chair and assign other responsibilities for operations of the council as he or she deemsnecessary.(c) The Chair shall oversee the activities of agencies to assure that their systems operate smoothly through the year 2000, act aschief spokesperson on this issue for the executive branch in national and international fora, provide policy coordination ofexecutive branch activities with State, local, and tribal governments on the Y2K problem, and promote appropriate Federal roleswith respect to private sector activities in this area.(d) The Chair and the Director of the Office of Management and Budget shall report jointly at least quarterly to me on theprogress of agencies in addressing the Y2K problem.

Executive orders are generally instructions to

government officials.

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Publication of Presidential Documents

Federal Register Title 3 of the Code of Federal

Regulations Weekly Compilation of Presidential

Documents Westlaw, Lexis, and the Internet

Page 49: Administrative Law An Introduction to Administrative Law Resources

Shepard’s Citators

Presidential Documents can also be Shepardized using the Shepard’s Code of Federal Regulations Citations

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Final Comment

SAVE THIS HANDOUT!!!


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