[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.2]

[Page 217-219]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.2  Definitions.

    For purposes of this part:
    Adjudicatory proceeding means an administrative judicial-type 
proceeding, before the Office of the Chief Administrative Hearing 
Officer, commencing with the filing of a complaint and leading to the 
formulation of a final agency order;
    Administrative Law Judge means an Administrative Law Judge appointed 
pursuant to the provisions of 5 U.S.C. 3105;
    Administrative Procedure Act means those provisions of the 
Administrative Procedure Act, as codified, which are contained in 5 
U.S.C. 551 through 559;
    Certification means a formal assertion in writing of the specified 
fact(s), signed by the person(s) making the certification and thereby 
attesting to the truth of the content of the writing, except as follows:
    (1) Certified court reporter means a person who has been deemed by 
an appropriate body to be qualified to transcribe or record testimony 
during formal legal proceedings,
    (2) Certified mail means a form of mail similar to registered mail 
by which sender may require return receipt from addressee, and
    (3) Certified copy means a copy of a document or record, signed by 
the officer to whose custody the original is entrusted, thereby 
attesting that the copy is a true copy;
    Certify means the act of executing a certification;
    Chief Administrative Hearing Officer or an official who has been 
designated to act as the Chief Administrative Hearing Officer, is the 
official who, under the Director, Executive Office for Immigration 
Review, generally administers the Administrative Law Judge program, 
exercises administrative supervision over Administrative Law Judges and 
others assigned to the Office of the Chief Administrative Hearing 
Officer, and who, in accordance

[[Page 218]]

with sections 274A(e)(7) and 274C(d)(4) of the INA, exercises 
discretionary authority to review the decisions and orders of 
Administrative Law Judges adjudicated under sections 274A and 274C of 
the INA;
    Complainant means the Immigration and Naturalization Service in 
cases arising under sections 274A and 274C of the INA. In cases arising 
under section 274B of the INA, ``complainant'' means the Special Counsel 
(as defined in this section), and also includes the person or entity who 
has filed a charge with the Special Counsel, or, in private actions, an 
individual or private organization;
    Complaint means the formal document initiating an adjudicatory 
proceeding;
    Consent order means any written document containing a specified 
remedy or other relief agreed to by all parties and entered as an order 
by the Administrative Law Judge;
    Debt Collection Improvement Act means the Debt Collection 
Improvement Act of 1996, Pub. L. 104-134, Title III, 110 Stat. 1321 
(1996);
    Decision means any findings of fact or conclusions of law by an 
Administrative Law Judge or the Chief Administrative Hearing Officer;
    Document fraud cases means cases involving allegations under section 
274C of the INA.
    Entry means the date the Administrative Law Judge, Chief 
Administrative Hearing Officer, or the Attorney General signs the order; 
Entry as used in section 274B(i)(1) of the INA means the date the 
Administrative Law Judge signs the order;
    Final agency order is an Administrative Law Judge's final order, in 
cases arising under sections 274A and 274C of the INA, that has not been 
modified, vacated, or remanded by the Chief Administrative Hearing 
Officer pursuant to Sec. 68.54, referred to the Attorney General for 
review pursuant to Sec. 68.55(a), or accepted by the Attorney General 
for review pursuant to Sec. 68.55(b)(3). Alternatively, if the Chief 
Administrative Hearing Officer modifies or vacates the final order 
pursuant to Sec. 68.54, the modification or vacation becomes the final 
agency order if it has not been referred to the Attorney General for 
review pursuant to Sec. 68.55(a) or accepted by the Attorney General for 
review pursuant to Sec. 68.55(b)(3). If the Attorney General enters an 
order that modifies or vacates either the Chief Administrative Hearing 
Officer's or the Administrative Law Judge's order, the Attorney 
General's order is the final agency order. In cases arising under 
section 274B of the INA, an Administrative Law Judge's final order is 
also the final agency order;
    Final order is an order by an Administrative Law Judge that disposes 
of a particular proceeding or a distinct portion of a proceeding, 
thereby concluding the jurisdiction of the Administrative Law Judge over 
that proceeding or portion thereof;
    Hearing means that part of a proceeding that involves the submission 
of evidence, either by oral presentation or written submission;
    Interlocutory order means an order that decides some point or 
matter, but is not a final order or a final decision of the whole 
controversy; it decides some intervening matter pertaining to the cause 
of action and requires further steps to be taken in order for the 
Administrative Law Judge to adjudicate the cause on the full merits;
    INA means the Immigration and Nationality Act of 1952, ch. 477, Pub. 
L. 82-414, 66 Stat. 163, as amended;
    Issued as used in section 274A(e)(8) and section 274C(d)(5) of the 
INA means the date on which an Administrative Law Judge's final order, 
the Chief Administrative Hearing Officer's order, or an adoption, 
modification, or vacation by the Attorney General becomes a final agency 
order;
    Motion means an oral or written request, made by a person or a 
party, for some action by an Administrative Law Judge;
    Order means a determination or mandate by an Administrative Law 
Judge, the Chief Administrative Hearing Officer, or the Attorney General 
that resolves some point or directs some action in the proceeding;
    Ordinary mail refers to the mail service provided by the United 
States Postal Service using only standard postage fees, exclusive of 
special systems, electronic transfers, and other means that

[[Page 219]]

have the effect of providing expedited service;
    Party includes all persons or entities named or admitted as a 
complainant, respondent, or intervenor in a proceeding; or any person 
filing a charge with the Special Counsel under section 274B of the INA, 
resulting in the filing of a complaint, concerning an unfair 
immigration-related employment practice;
    Pleading means the complaint, motions, the answer thereto, any 
supplement or amendment thereto, and reply that may be permitted to any 
answer, supplement, or amendment submitted to the Administrative Law 
Judge or, when no judge is assigned, the Chief Administrative Hearing 
Officer;
    Prohibition of indemnity bond cases means cases involving 
allegations under section 274A(g) of the INA;
    Respondent means a party to an adjudicatory proceeding, other than a 
complainant, against whom findings may be made or who may be required to 
provide relief or take remedial action;
    Special Counsel means the Special Counsel for Unfair Immigration-
Related Employment Practices appointed by the President under section 
274B of the INA, or his or her designee or in the case of a vacancy in 
the Office of Special Counsel, the officer or employee designated by the 
President who shall act as Special Counsel during such vacancy;
    Unfair immigration-related employment practice cases means cases 
involving allegations under section 274B of the INA;
    Unlawful employment cases means cases involving allegations under 
section 274A of the INA, other than prohibition of indemnity bond cases.

[Order No. 2203-99, 64 FR 7073, Feb. 12, 1999, as amended by Order No. 
2255-99, 64 FR 49660, Sept. 14, 1999]