Page images
PDF
EPUB

PART 202—PUBLIC INFORMATION

“Communist-front organization” or a

"Communist-infiltrated organization" as Sec.

those terms are defined in the Subversive 202.1 Purpose.

Activities 202.2 Organization and functions.

as

Control Act of 1950, 202.3 Offices.

amended, and whether any individual is 202.4 Requests, generally.

a member of any Communist-action 202.5 Generally available material.

organization. Any organization or indi202.6 Other records.

vidual once having come within the pro202.7 Votes of the members of the Board. visions of the Act may, pursuant to preAUTHORITY: The provisions of this part

scribed statutory conditions, file with the 202 issued under sec. 12, 64 Stat. 987, as Board a petition for appropriate relief. amended; 50 U.S.C. 791.

The Board does not conduct investigaSOURCE: The provisions of this part 202

tions nor initiate proceedings itself. appear at 32 F.R. 9163, June 28, 1967, unless (2) Following hearings the Board isotherwise noted.

sues written findings of fact (designated

as the “Report of the Board”) and its § 202.1 Purpose.

findings are accompanied by an approThe rules in this part are promulgated priate order. Decisions and orders of the pursuant to the provisions of the Act Board may be taken by the parties agof July 4, 1966, P.L. 89_487, 80 Stat. 250, grieved to the U.S. Court of Appeals for 5 U.S.C. 1002, which amended section 3 the District of Columbia for judicial reof the Administrative Procedure Act (60 view and, upon certiorari, to the Supreme Stat. 238) so as to clarify and protect the Court of the United States. When an apright of the public to information. The peal is taken the order of the Board does following sections describe the organiza- not become final unless affirmed by the tion of the Board; the places where, and courts or the appeal is dismissed by the methods whereby information may be courts. secured or submittals or requests made; (3) All pleadings and other papers in the general course and method by which proceedings before the Board may be the Board's functions are channeled and “filed” by mail addressed to the Board determined; and, the procedures gov- or by delivery in person. (See § 202.3.) erning the availability of the opinions, Proceedings are governed by the Board's orders, and records of the Board.

published rules of procedure. (See

$ 202.5(a).) The Board maintains § 202.2 Organization and functions.

docket giving the chronology of each (a) The Board is an independent proceeding. The dockets are available for agency composed of five members ap- inspection at the office of the Board. pointed by the President and confirmed

Offices. by the Senate for terms of 5 years. The

§ 202.3 Chairman of the Board is designated by The office of the Board is located in the President. The Board is assisted by the Lafayette Building, 811 Vermont a staff which includes attorneys, clerks, Avenue NW., Washington, D.C. 20445. and stenographers. In addition, the The office is open to the public from Board uses hearing examiners appointed 9 a.m. to 5 p.m., Mondays through Friin accordance with the provisions of 5 days with the exception of holidays. The U.S.C. 3105 to conduct hearings in as- Board does not maintain any field offices. signed cases. The organization and func- The Board provides a reading room or tions of the Board are prescribed in sec- reading area where records covered by tions 12, 13 (c) and (d), and 16 of the this part will be made available. In addiSubversive Activities Control Act of 1950, tion, there are available in the public as amended. 64 Stat. 987, 68 Stat. 775, reading room copies of the Subversive 50 U.S.C. 781 et seq.

Activities Control Act of 1950 and of the (b) (1) The Board, on petition of the various amendments thereof, a copy of Attorney General, conducts hearings and Title 50 of the United States Code, and a determines whether any organization is copy of this Title 28 of the Code of a “Communist-action organization” or a Federal Regulations.

а

§ 202.4 Requests, generally.

ington, D.C. 20402. They may be read at Requests for inspection or copying of

the office of the Board. Opinions, orders, records may be made in person or by mail

and precedential rulings not yet conto the clerk of the Board. Those visiting

tained in printed volumes, and a cumuthe Board in person should go to the

lative index, are available for inspection Reception Room which is appropriately

and copying at the Board's office. marked. Telephone inquiries or requests

(c) The pleadings, transcript of testimay be made by calling Washington,

mony, exhibits, and all other papers reD.C., number 382–6224 (Area Code 202).

ceived in evidence or made a part of the

record in Board proceedings (except Collect calls cannot be accepted. Written requests for information should be ad

material exempted under sec. 5 U.S.C. dressed to the Clerk, Subversive Activ

552(b) and received in camera and

sealed) are available at the office of the ities Control Board at the address given in § 202.3. Where a request is for mate

Board for inspection and copying. Copies rials of which copies are not otherwise

of the transcripts of testimony when available and reproductions must be

available from the official reporter must made or where a search is necessary to

be purchased from the reporter at curlocate records, the person making the

rently prevailing prices. Copies of other

documents of record and of the tranrequest mus pay the costs thereof in advance. The Board maintains a sched

scripts of testimony when not available ule of current costs for reproductions and

from the official reporter may be obtained

subject to $ 202.4. Where the Board has record searching, and copies of the schedule may be obtained on request. An addi

filed in a court a certified list of the tional charge as set forth in the schedule

record in a proceeding and the Board is made for certified copies.

has retained the record as custodian for the court, no part of such record will be

made available unless the person making § 202.5 Generally available material.

the request first obtains the permission (a) Rules of procedure: The Board's of the court for the Board to make such rules of procedure, which govern pro

documents available. ceedings before the Board, are published (d) Annual report: The Board at the in the FEDERAL REGISTER and in this Title close of each fiscal year makes a report 28, Chapter II, of the Code of Federal to the President and the Congress statRegulations. Copies may be obtained ing in detail the cases it has heard, the from the Board on request. Copies are decisions it has rendered, and other infree to parties and their representatives formation. The annual reports are availin proceedings in the Board. A charge as able for inspection at the Board. Copies set forth in the schedule referred to in may be purchased from the Superintend§ 202.4 is payable by others.

ent of Documents, U.S. Government (b) Precedent decisions and rulings: Printing Office, Washington, D.C. 20402. All final opinions (including concurring (e) Statements of policy, interpretaand dissenting opinions) and all orders tions, manuals, instructions to the staff: made in the adjudication of cases, and all The Board being a quasi-court and not intermediate or other rulings which may having investigatory or enforcement have precedential value are published functions has not made statements of periodically in bound volumes entitled policy or interpretations other than as “Reports of the Subversive Activities are contained in the rulings, opinions, Control Board.” Volumes I through IV and orders covered by paragraph (b) of cover the period from the inception of this section, nor has the Board issued any the Board to June 30, 1966. A separate manuals or instructions to the staff that volume entitled “Reports of the SACB, affect the public. If any statements of Index-Digest, Vols. I-IV” contains di- policy, interpretations, manuals, or ingests under appropriate topical headings structions to the staff that affect the pubof all rulings enunciated by the Board in lic should be issued subsequent to July the cases contained in the four volumes 4, 1967, and are not part of the material of the printed reports. These volumes described in paragraph (b) of this secand the index-digest may be purchased tion, such will be made available with from the Superintendent of Documents, an accompanying index for inspection U.S. Government Printing Office, Wash- and copying at the office of the Board.

8 202.6 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 Counsel 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. § 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.

CHAPTER 111—FEDERAL PRISON INDUSTRIES

DEPARTMENT OF JUSTICE

PART 301-INMATE ACCIDENT

COMPENSATION Sec. 801.1 Inmate's regular wage paid in lieu of

accident compensation while in

carcerated. 801.2 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. 8 301.1 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. 8 301.2 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 succeed

ing the date of their discharge, or approval of claim. 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 compensation will be paid when the injury was sustained willfully, or with intent to injure someone else, or by willful 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. 8 301.6 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 quarters which shall be added to the cash compensation paid inmates to arrive at the monthly compensation as a base for the computation of the amount of accident compensation payable.

« PreviousContinue »