28 CFR 16.200 – Definitions
As used in this part:
Terms Used In 28 CFR 16.200
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Quorum: The number of legislators that must be present to do business.
(a) The term Commission means the U.S. Parole Commission and any subdivision thereof authorized to act on its behalf.
(b) The term meeting refers to the deliberations of at least the number of Commissioners required to take action on behalf of the Commission where such deliberations determine or result in the joint conduct or disposition of official Commission business.
(c) Specifically included in the term meeting are;
(1) Meetings of the Commission required to be held by 18 U.S.C. § 4203(a);
(2) Special meetings of the Commission called pursuant to 18 U.S.C. § 4204(a)(1);
(3) Meetings of the National Commissioners in original jurisdiction cases pursuant to 28 CFR 2.17(a);
(4) Meetings of the entire Commission to determine original jurisdiction appeal cases pursuant to 28 CFR 2.27; and
(5) Meetings of the National Appeals Board pursuant to 28 CFR 2.26.
(6) Meetings of the Commission to conduct a hearing on the record in conjunction with applications for certificates of exemption under section 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, and section 411 of the Employee Retirement Income Security Act of 1974 (28 CFR 4.1-17 and 28 CFR 4a.1-17).
(d) Specifically excluded from the term meeting are:
(1) Determination made through independent voting of the Commissioners without the joint deliberation of the number of Commissioners required to take such action, pursuant to § 16.201;
(2) Original jurisdiction cases determined by sequential vote pursuant to 28 CFR 2.17;
(3) Cases determined by sequential vote pursuant to 28 CFR 2.24 and 2.25;
(4) National Appeals Board cases determined by sequential vote pursuant to 28 CFR 2.26;
(5) Meetings of special committees of Commissioners not constituting a quorum of the Commission, which may be established by the Chairman to report and make recommendations to the Commission or the Chairman on any matter.
(6) Determinations required or permitted by these regulations to open or close a meeting, or to withhold or disclose documents or information pertaining to a meeting.
(e) All other terms used in this part shall be deemed to have the same meaning as identical terms used in chapter I, part 2 of this title.