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briefs are to be filed, shall be fixed: Pro- PART 202—PUBLIC INFORMATION vided, That any interested party may

Sec. apply in writing to the Board for modi

202.1 Purpose. fication of any of the examiner's rulings 202.2 Organization and functions. concerning reports and briefs.

202.3 Ofices.

202.4 Requests, generally. 8 201.22 Recommended decision.

202.5 Generally available material. (a) Where a hearing is conducted by a 202.6 Other records. member of the Board or an examiner, the 202.7 Votes of the members of the Board. member of the Board or the examiner AUTHORITY: The provisions of this part shall make a recommended decision to 202 issued under sec. 12, 64 Stat. 987, as the Board, a copy of which shall be sub amended; 50 U.S.C. 791. mitted to the parties to the proceeding.

SOURCE: The provisions of this part 202 The parties, after the receipt of the rec

appear at 32 F.R. 9163, June 28, 1967, unless

appear at 32 FR 9183. Ju ommended decision, shall have time, otherwise noted. which shall be fixed, within which to

§ 202.1 Purpose. file with the Board exceptions to the

The rules in this part are promulgated recommended decision and supporting

pursuant to the provisions of the Act reasons for such exceptions.

of July 4, 1966, P.L. 89-487, 80 Stat. 250, (b) Such a report is not a report of

5 U.S.C. 1002, which amended section 3 findings by the Board, but is advisory

of the Administrative Procedure Act (60 only, and is not binding upon the Board.

Stat. 238) so as to clarify and protect the $ 201.23 Order.

right of the public to information. The

following sections describe the organizaThe Board's determination shall take

tion of the Board; the places where, and the form of a decision in writing in which

methods whereby information may be it shall state its findings as to the facts

secured or submittals or requests made; and shall issue an appropriate order the general course and method by which either requiring the organization or indi the Board's functions are channeled and vidual to register or denying the petition determined; and, the procedures govfor such registration.

erning the availability of the opinions,

orders, and records of the Board. $ 201.24 Final order.

§ 202.2 Organization and functions. An order of the Board shall become final (a) upon the expiration of the time (a) The Board is an independent allowed for filing a petition for review, if agency composed of five members ap

pointed by the President and confirmed no such petition has been duly filed

by the Senate for terms of 5 years. The within such time; or (b) upon the ex

Chairman of the Board is designated by piration of the time allowed for filing a

the President. The Board is assisted by petition for certiorari, if the order of the

a staff which includes attorneys, clerks, Board has been affirmed or the petition

and stenographers. In addition, the for review dismissed by a United States

Board uses hearing examiners appointed Court of Appeals, and no petition for cer

in accordance with the provisions of 5 tiorari has been duly filed; or (c) upon U.S.C. 3105 to conduct hearings in asthe denial of a petition for certiorari, if signed cases. The organization and functhe order of the Board has been affirmed tions of the Board are prescribed in secor the petition for review dismissed by a tions 12, 13 (c) and (d), and 16 of the United States Court of Appeals; or (d) Subversive Activities Control Act of 1950. upon the expiration of ten (10) days as amended. 64 Stat. 987, 68 Stat. 775. from the date of issuance of the mandate 50 U.S.C. 781 et seq. of the Supreme Court, if such Court di- (b) (1) The Board, on petition o rects that the order of the Board be Attorney General, conducts hearings and afirmed or the petition for review dis determines whether any organization is missed. Such final orders shall be pub a “Communist-action organization” or a lished in the FEDERAL REGISTER, and “Communist-front organization” or a publication thereof shall constitute no “Communist-infiltrated organization" as tice to all members of the organization those terms are defined in the Subversive involved that such order has become Activities Control Act of 1950. as final.

amended, and whether any individual is

a member of any Communist-action organization. Any organization or individual once having come within the provisions of the Act may, pursuant to prescribed statutory conditions, file with the Board a petition for appropriate relief. The Board does not conduct investigations nor initiate proceedings itself.

(2) Following hearings the Board issues written findings of fact (designated as the "Report of the Board”) and its findings are accompanied by an appropriate order. Decisions and orders of the Board may be taken by the parties aggrieved to the U.S. Court of Appeals for the District of Columbia for judicial review and, upon certiorari, to the Supreme Court of the United States. When an appeal is taken the order of the Board does not become final unless affirmed by the courts or the appeal is dismissed by the courts.

(3) All pleadings and other papers in proceedings before the Board may be "filed" by mail addressed to the Board or by delivery in person. (See § 202.3.) Proceedings are governed by the Board's published rules of procedure. (See $ 202.5(a).) The Board maintains a docket giving the chronology of each proceeding. The dockets are available for inspection at the office of the Board. 202.3 Offices.

The office of the Board is located in the Lafayette Building, 811 Vermont Avenue NW., Washington, D.C. 20445. The office is open to the public from 9 a.m. to 5 p.m., Mondays through Fridays with the exception of holidays. The Board does not maintain any field offices. The Board provides a reading room or reading area where records covered by this part will be made available. In addition, there are available in the public reading room copies of the Subversive Activities Control Act of 1950 and of the various amendments thereof, a copy of Title 50 of the United States Code, and a copy of this Title 28 of the Code of Federal Regulations. $ 202.4 Requests, generally.

Requests for inspection or copying of records may be made in person or by mail to the clerk of the Board. Those visiting the Board in person should go to the Reception Room which is appropriately marked. Telephone inquiries or requests may be made by calling Washington,

D.C., number 382-6224 (Area Code 202). Collect calls cannot be accepted. Written requests for information should be addressed to the Clerk, Subversive Activities Control Board at the address given in § 202.3. Where a request is for materials of which copies are not otherwise available and reproductions must be made or where a search is necessary to locate records, the person making the request must pay the costs thereof in advance. The Board maintains a schedule of current costs for reproductions and record searching, and copies of the schedule may be obtained on request. An additional charges as set forth in the schedule is made for certified copies. $ 202.5 Generally available material.

(a) Rules of procedure: The Board's rules of procedure, which govern proceedings before the Board, are published in the FEDERAL REGISTER and in this Title 28, Chapter II, of the Code of Federal Regulations. Copies may be obtained from the Board on request. Copies are free to parties and their representatives in proceedings in the Board. A charge as set forth in the schedule referred to in § 202.4 is payable by others.

(b) Precedent decisions and rulings: All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases, and all intermediate or other rulings which may have precedential value are published periodically in bound volumes entitled “Reports of the Subversive Activities Control Board.” Volumes I through IV cover the period from the inception of the Board to June 30, 1966. A separate volume entitled "Reports of the SACB, Index-Digest, Vols. I-IV” contains digests under appropriate topical headings of all rulings enunciated by the Board in the cases contained in the four volumes of the printed reports. These volumes and the index-digest may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. They may be read at the office of the Board. Opinions, orders, and precedential rulings not yet contained in printed volumes, and a cumulative index, are available for inspection and copying at the Board's office.

(c) The pleadings, transcript of testimony, exhibits, and all other papers received in evidence or made a part of the record in Board proceedings (except

material exempted under sec. 5 U.S.C. 552(b) and received in camera and sealed) are available at the office of the Board for inspection and copying. Copies of the transcripts of testimony when available from the official reporter must be purchased from the reporter at currently prevailing prices. Copies of other documents of record and of the transcripts of testimony when not available from the official reporter may be obtained subject to $202.4. Where the Board has filed in a court a certified list of the record in a proceeding and the Board has retained the record as custodian for the court, no part of such record will be made available unless the person making the request first obtains the permission of the court for the Board to make such documents available.

(d) Annual report: The Board at the close of each fiscal year makes a report to the President and the Congress stat

ind the Congress stats ing in detail the cases it has heard, the decisions it has rendered, and other information. The annual reports are available for inspection at the Board. Copies may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(e) Statements of policy, interpretations, manuals, instructions to the staff: The Board being a quasi-court and not having investigatory or enforcement functions has not made statements of policy or interpretations other than as are contained in the rulings, opinions, and orders covered by paragraph (b) of this section, nor has the Board issued any manuals or instructions to the staff that affect the public. If any statements of policy, interpretations, manuals, or instructions to the staff that affect the public should be issued subsequent to July 4, 1967, and are not part of the material described in paragraph (b) of this

section, such will be made available with an accompanying index for inspection and copying at the office of the Board. § 202.6 Other records.

(a) Identifiable records (other than those covered by $ 202.5) except as are within the exemptions contained in paragraph (b) of 5 U.S.C. 552 and are determined to be of a nature that must be withheld, will be made available upon request and compliance with the provisions contained in this section.

(b) Such requests may be made as set forth in and subject to $ 202.4, and must contain a reasonably specific description of the particular record sought.

(c) The making available of records covered by this section which are in use in the Board may be deferred until such records no longer are in use or as necessary to avoid disruption of the Board's activities.

(d) Authority to determine which records shall be made available under this section and which are properly to be withheld is vested in the General Cuunsel of the Board and his decision shall be final except that any person may appeal a decision whereby a request for identifiable records has been denied. Such appeal shall be in writing, addressed to the Board, and shall describe the records sought. The Board will rule upon such appeal at the earliest practicable date and will promptly notify the complainant of its decision. 8 202.7 Votes of the members of the

Board. Where the final vote of each member of the Board in Board proceedings does not appear from the face of a ruling, decision or order, such vote shall be entered on the docket of the proceeding and shall there be available for public inspection.



Part 301

Inmate accident compensation.


COMPENSATION Sec. 301.1 Inmate's regular wage paid in lieu of

accident compensation while in

carcerated. 301.2 When paid to inmate. 301.3 Method of payment. 301.4 Negligence estops. 301.5 Criminal action suspends payment of

accident compensation; does not

bar payment to dependents. 301.6 Basis of computation. 301.7 Making claim. 301.8 Medical attention required subse

quent to discharge. 301.9 Beneficiaries. 301.10 Employment of attorneys.

AUTHORITY: The provisions of this part 301 issued under sec. 1, 62 Stat. 852; 18 U.S.C. 4126.

SOURCE: The provisions of this Part 301 contained in authority, policies, and information regarding accident compensation to be paid inmates of Federal penal institutions for injuries sustained while employed by the Federal Prison Industries, Inc., Board of Directors, Jan. 1, 1937. Redesignated at 24 F.R. 4366, May 30, 1959. & 301.1 Inmate's regular wage paid in

lieu of accident compensation while

incarcerated. No accident compensation will be paid to an inmate when injured while such inmate remains in the institution. However, except in special cases, the inmate's regular compensation will be paid to him and charged to the operations of the industry in which the injury was sustained. $ 301.2 When paid to inmate.

Accident compensation will be paid to such injured inmates as are totally, or

partially disabled at the time of their discharge from the institution, beginning the first of the following month succeeding the date of their discharge, or approval of claim. 8 301.3 Method of payment.

Accident compensation will be paid only in monthly installments and will not be paid in a lump sum except in exceptional cases, where it is shown clearly that such payment will furnish the means of self support of the inmate and his family. § 301.4 Negligence estops.

No accident compenstion will be paid when the injury was sustained willfully, or with intent to injure someone else, or by willfull disregard of, or failure to use safety devices provided and available. & 301.5 Criminal action suspends pay.

ment of accident compensation; does

not bar payment to dependents. Such accident compensation shall be paid only so long as the claimant shall conduct himself, or herself, in a lawful manner, and shall immediately cease upon conviction of any crime against the Federal Government, or any subdivision thereof, except the corporation may upon recommendation of the president of the corporation and approval of the Attorney General pay such compensation or any part of it to worthy dependents of such inmates, where it is deemed to be in the public interest. § 301.6 Basis of computation.

The per capita cost of operation of the institution in which the inmate is confined shall be the value of subsistence and

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