[Code of Federal Regulations] [Title 45, Volume 4] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR1600.1] [Page 365-367] TITLE 45--PUBLIC WELFARE CHAPTER XVI--LEGAL SERVICES CORPORATION PART 1600_DEFINITIONS--Table of Contents Sec. 1600.1 Definitions. -------------------------------------------------------------------- Part Page 1600 Definitions................................. 367 1601 [Reserved] 1602 Procedures for disclosure of information under the Freedom of Information Act.... 367 1603 State Advisory councils..................... 377 1604 Outside practice of law..................... 380 1605 Appeals on behalf of clients................ 381 1606 Termination and debarment procedures; recompetition........................... 382 1607 Governing bodies............................ 387 1608 Prohibited political activities............. 389 1609 Fee-generating cases........................ 390 1610 Use of non-LSC funds, transfers of LSC funds, program integrity................ 391 1611 Financial Eligibility....................... 394 1612 Restrictions on lobbying and certain other activities.............................. 399 1613 Restrictions on legal assistance with respect to criminal proceedings......... 402 1614 Private attorney involvement................ 403 1615 Restrictions on actions collaterally attacking criminal convictions.......... 408 1616 Attorney hiring............................. 408 1617 Class actions............................... 409 1618 Enforcement procedures...................... 410 1619 Disclosure of information................... 411 1620 Priorities in use of resources.............. 411 1621 Client grievance procedure.................. 413 1622 Public access to meetings under the Government in the Sunshine Act.......... 414 1623 Suspension procedures....................... 417 1624 Prohibition against discrimination on the basis of handicap....................... 419 1625 [Reserved] 1626 Restrictions on legal assistance to aliens.. 423 1627 Subgrants and membership fees or dues....... 428 [[Page 366]] 1628 Recipient fund balances..................... 431 1629 Bonding of recipients....................... 433 1630 Costs standards and procedures.............. 434 1631 Expenditure of grant funds.................. 440 1632 Redistricting............................... 440 1633 Restriction on representation in certain eviction proceedings.................... 441 1634 Competitive bidding for grants and contracts 442 1635 Timekeeping requirement..................... 446 1636 Client identity and statement of facts...... 448 1637 Representation of prisoners................. 449 1638 Restriction on solicitation................. 449 1639 Welfare reform.............................. 450 1640 Application of Federal law to LSC recipients 451 1641 Debarment, suspension and removal of recipient auditors...................... 452 1642 Attorneys' fees............................. 460 1643 Restriction on assisted suicide, euthanasia, and mercy killing....................... 461 1644 Disclosure of case information.............. 462 [[Page 367]] Authority: 42 U.S.C. 2996. As used in these regulations, chapter XVI, unless otherwise indicated, the term-- Act means the Legal Services Corporation Act, Pub. L. 93-355 (1974), as amended, Pub. L. 95-222 (1977), 42 U.S.C. 2996-29961. Appeal means any appellate proceeding in a civil action as defined by law or usage in the jurisdiction in which the action is filed. Attorney means a person who provides legal assistance to eligible clients and who is authorized to practice law in the jurisdiction where assistance is rendered. Control means the direct or indirect ability to determine the direction of management and policies or to influence the management or operating policies of another organization to the extent that an arm's- length transaction may not be achieved. Corporation means the Legal Services Corporation established under the Act. Director of a recipient means a person directly employed by a recipient in an executive capacity who has overall day-to-day responsibility for management of operations by a recipient. Eligible client means any person determined to be eligible for legal assistance under the Act, these regulations or other applicable law. Employee means a person employed by the Corporation or by a recipient, or a person employed by a subrecipient whose salary is paid in whole or in major part with funds provided by the Corporation. Fee generating case means any case or matter which, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in a fee for legal services from an award to a client from public funds or from an opposing party. Financial assistance means annualized funding from the Corporation granted under section 1006(a)(1)(A) for the direct delivery of legal assistance to eligible clients. Legal assistance means the provisions of any legal services consistent with the purposes and provisions of the Act or other applicable law. Outside practice of law means the provisions of legal assistance to a client who is not eligible to receive legal assistance from the employer of the attorney rendering assistance, but does not include, among other activities, teaching, consulting, or performing evaluations. Political means that which relates to engendering public support for or opposition to candidates for public office, ballot measures, or political parties, and would include publicity or propaganda used for that purpose. President means the President of the Corporation. Public funds means the funds received directly or indirectly from the Corporation or a Federal, State, or local government or instrumentality of a government. Recipient means any grantee or contractor receiving financial assistance from the Corporation under section 1006(a)(1)(A) of the Act. Staff attorney means an attorney more than one half of whose annual professional income is derived from the proceeds of a grant from the Legal Services Corporation or is received from a recipient, subrecipient, grantee, or contractor that limits its activities to providing legal assistance to clients eligible for assistance under the Act. Tribal funds means funds received from an Indian tribe or from a private foundation for the benefit of an Indian tribe. [49 FR 21327, May 21, 1984, as amended at 51 FR 24827, July 9, 1986] PART 1601 [RESERVED]