83 FR 16785 - State Advisory Councils
LEGAL SERVICES CORPORATION Federal Register Volume 83, Issue 74 (April 17, 2018)
Federal Register Volume 83, Issue 74 (April 17, 2018)
| Page Range | 16785-16786 | |
| FR Document | 2018-07963 |
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)] [Rules and Regulations] [Pages 16785-16786] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07963] [[Page 16785]] ======================================================================= ----------------------------------------------------------------------- LEGAL SERVICES CORPORATION 45 CFR Part 1603 State Advisory Councils AGENCY: Legal Services Corporation. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule removes the Legal Services Corporation (LSC) regulation on state advisory councils. LSC believes this action is appropriate because the state advisory councils are no longer active and their oversight functions have been replaced adequately by other offices and processes established since the regulation was promulgated. Executive Orders 13563, ``Improving Regulation and Regulatory Review,'' and 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' direct agencies to review their existing regulations and repeal or revise any that are obsolete or unnecessarily burdensome. Although LSC is not an agency of the Federal government subject to either Executive order, LSC regularly reviews its regulations and has determined that this regulation can be eliminated. DATES: This final rule is effective on May 17, 2018. FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC 20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected]. SUPPLEMENTARY INFORMATION: I. Background Section 1004(f) of the Legal Services Corporation Act of 1974 required that ``within six months after the first meeting of the Board, the Board request the Governor of each State to appoint a nine-member advisory council for each state.'' 42 U.S.C. 2996c(f). If ninety days elapsed without the Governor's appointing the advisory council, then ``the Board [was] authorized to appoint such a council.'' Id. LSC implemented this statutory requirement in 1975 at 45 CFR part 1603. The state advisory councils' primary duty was to notify LSC of any ``apparent violation'' by a recipient. 45 CFR 1603.5. LSC defined ``apparent violation'' as ``a complaint or other written communication alleging facts which, if established, constitute a violation of the [LSC] Act, or any applicable rules, regulations or guidelines promulgated pursuant to the Act.'' Id. Sec. 1603.2(b). LSC met the requirements of Sec. 1004(f) of the LSC Act by requesting state governors to appoint state advisory councils within the period established by the Act and part 1603. In 1976, 46 state advisory councils were in existence, but later reports reflect that many of these councils rarely, if ever, met. Letter from Suzanne B. Glasow, Senior Counsel for Operations and Regulations, Office of General Counsel, to Mike Sims, Office of Rep. Pete Laney at 1 (Sept. 19, 1989). By 1983, only six state advisory councils appeared to be operational and by 1989, only Colorado and Indiana had functioning state advisory councils. Id. After a diligent search of its records, LSC concluded that there currently are no active state advisory councils and that LSC has no records of complaints forwarded from the state advisory councils. II. History of This Rulemaking In 2014, LSC's Office of the Inspector General (OIG) recommended that LSC either ensure that the state advisory councils have been established and are operational or rescind part 1603. LSC is rescinding part 1603 for four reasons: (1) LSC complied with the requirements of section 1004(f) of the LSC Act by requesting state governors to appoint state advisory councils within the period established by the Act and part 1603; (2) section 1004(f) of the LSC Act and part 1603 provide LSC with discretion to exercise or not exercise the option to appoint state councils; (3) to LSC's knowledge, there are no functioning state advisory councils; and (4) there are now numerous oversight mechanisms that fulfill the function of the state advisory councils. At its January 2015 meeting, the Operations and Regulations Committee (Committee) of LSC's Board of Directors (Board) recommended including the repeal of part 1603 on LSC's regulatory agenda, but made the initiative a low priority. On January 30, 2017, the President signed Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs.'' Through this Executive order, the President directed the heads of executive departments and agencies to identify at least two prior regulations to be repealed for each new regulation issued. By operation of the LSC Act, LSC is not an executive department or agency subject to the Executive order. 42 U.S.C 2996d(e). Consistent with the intent of the Executive order to reduce unnecessary regulations, however, LSC prioritized the repeal of part 1603. Prior to initiating rulemaking, LSC conducted an analysis of the oversight mechanisms that have developed since the LSC Act was passed in 1974. LSC determined that the state advisory councils' oversight functions have been replaced adequately by other offices and processes established since 1974. Complainants not only have more audiences-- including LSC's OIG, LSC's Office of Compliance and Enforcement (OCE), and state bodies--for their complaints, but they also have more vehicles for filing complaints, including by phone, postal mail, email, online, and through grantee grievance procedures. The OIG and OCE go beyond the state advisory committees' narrow role of collecting alleged violations by also investigating the allegations and using various tools to ensure grantee compliance. Furthermore, state and local funding, state access to justice commissions, and the role of state and local bars in appointing grantee board members all ensure that there is continued local involvement in legal aid funded by LSC. LSC's analysis of these mechanisms is covered in greater detail in the Justification Memorandum for Rulemaking to Rescind 45 CFR part 1603--State Advisory Councils (Justification Memo), available at www.lsc.gov/rulemaking. On April 23, 2017, the Committee approved Management's proposed 2017-2018 rulemaking agenda, which included rescinding 45 CFR part 1603 as a priority rulemaking item. On October 15, 2017, the Committee voted to recommend that the Board authorize LSC to begin rulemaking on part 1603. On October 17, 2017, the Board authorized LSC to begin rulemaking. On January 21, 2018, the Committee voted to recommend that the Board authorize publication of a Notice of Proposed Rulemaking (NPRM) proposing to repeal part 1603. On January 23, 2018, the Board authorized publication of the NPRM with a 30-day comment period. On February 1, 2018, LSC published the NPRM in the Federal Register, 83 FR 4826. On April 8, 2018, the Committee voted to recommend that the Board adopt this final rule and approve its publication in the Federal Register. On April 10, 2018, the Board voted to adopt and publish this final rule. III. Discussion of the Comment During the 30-day public comment period, LSC received one comment from a current law student. The commenter generally supported LSC's proposal to remove part 1603, citing reasons similar to those presented by LSC in the Justification Memo and NPRM. The commenter suggested that the councils could be re-established to ensure continued local involvement. LSC's Justification Memo addressed this [[Page 16786]] concern directly by describing the variety of mechanisms--for example, state Access to Justice Commissions and recipients' own grievance procedures--that ensure local involvement in the operations of LSC funding recipients. The comment also stated that the ``[t]he decision [whether to repeal] should be based on what affect[s] the United States taxpayers.'' LSC agrees. LSC does not think it would be a good use of LSC resources, which include taxpayer money, to rejuvenate the state advisory councils when their functions are being performed well by a variety of other mechanisms, as highlighted in the Justification Memo and the NPRM. IV. Discussion of the Final Rule LSC is removing part 1603. In a final rule published elsewhere in this issue of the Federal Register, LSC is adding to part 1603 a regulation governing requests for testimony and subpoenas for documents in cases to which LSC is not a party. Materials regarding this rulemaking are available in the open rulemaking section of LSC's website at http://www.lsc.gov/about-lsc/laws-regulations-guidance/rulemaking. After the effective date of the rule, those materials will appear in the closed rulemaking section at http://www.lsc.gov/about-lsc/laws-regulations-guidance/rulemaking/closed-rulemaking. List of Subjects in 45 CFR Part 1603 Advisory committees; Legal services. PART 1603--[REMOVED] 0 For the reasons discussed in the preamble and under the authority of 42 U.S.C. 2996g(e), LSC is removing 45 CFR part 1603. Dated: April 11, 2018. Stefanie Davis, Assistant General Counsel. [FR Doc. 2018-07963 Filed 4-16-18; 8:45 am] BILLING CODE 7050-01-P
![Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations 16785
LEGAL SERVICES CORPORATION councils within the period established councils’ oversight functions have been
by the Act and part 1603. In 1976, 46 replaced adequately by other offices and
45 CFR Part 1603 state advisory councils were in processes established since 1974.
existence, but later reports reflect that Complainants not only have more
State Advisory Councils many of these councils rarely, if ever, audiences—including LSC’s OIG, LSC’s
AGENCY: Legal Services Corporation. met. Letter from Suzanne B. Glasow, Office of Compliance and Enforcement
ACTION: Final rule. Senior Counsel for Operations and (OCE), and state bodies—for their
Regulations, Office of General Counsel, complaints, but they also have more
SUMMARY: This final rule removes the to Mike Sims, Office of Rep. Pete Laney vehicles for filing complaints, including
Legal Services Corporation (LSC) at 1 (Sept. 19, 1989). By 1983, only six by phone, postal mail, email, online,
regulation on state advisory councils. state advisory councils appeared to be and through grantee grievance
LSC believes this action is appropriate operational and by 1989, only Colorado procedures. The OIG and OCE go
because the state advisory councils are and Indiana had functioning state beyond the state advisory committees’
no longer active and their oversight advisory councils. Id. After a diligent narrow role of collecting alleged
functions have been replaced search of its records, LSC concluded violations by also investigating the
adequately by other offices and that there currently are no active state allegations and using various tools to
processes established since the advisory councils and that LSC has no ensure grantee compliance.
regulation was promulgated. Executive records of complaints forwarded from Furthermore, state and local funding,
Orders 13563, ‘‘Improving Regulation the state advisory councils. state access to justice commissions, and
and Regulatory Review,’’ and 13771, the role of state and local bars in
II. History of This Rulemaking
‘‘Reducing Regulation and Controlling appointing grantee board members all
Regulatory Costs,’’ direct agencies to In 2014, LSC’s Office of the Inspector ensure that there is continued local
review their existing regulations and General (OIG) recommended that LSC involvement in legal aid funded by LSC.
either ensure that the state advisory LSC’s analysis of these mechanisms is
repeal or revise any that are obsolete or
councils have been established and are covered in greater detail in the
unnecessarily burdensome. Although
operational or rescind part 1603. LSC is Justification Memorandum for
LSC is not an agency of the Federal
rescinding part 1603 for four reasons: (1) Rulemaking to Rescind 45 CFR part
government subject to either Executive
LSC complied with the requirements of 1603—State Advisory Councils
order, LSC regularly reviews its
section 1004(f) of the LSC Act by (Justification Memo), available at
regulations and has determined that this
requesting state governors to appoint www.lsc.gov/rulemaking.
regulation can be eliminated.
state advisory councils within the On April 23, 2017, the Committee
DATES: This final rule is effective on period established by the Act and part approved Management’s proposed
May 17, 2018. 1603; (2) section 1004(f) of the LSC Act 2017–2018 rulemaking agenda, which
FOR FURTHER INFORMATION CONTACT: and part 1603 provide LSC with included rescinding 45 CFR part 1603 as
Stefanie K. Davis, Assistant General discretion to exercise or not exercise the a priority rulemaking item. On October
Counsel, Legal Services Corporation, option to appoint state councils; (3) to 15, 2017, the Committee voted to
3333 K Street NW, Washington, DC LSC’s knowledge, there are no recommend that the Board authorize
20007; (202) 295–1563 (phone), (202) functioning state advisory councils; and LSC to begin rulemaking on part 1603.
337–6519 (fax), or sdavis@lsc.gov. (4) there are now numerous oversight On October 17, 2017, the Board
SUPPLEMENTARY INFORMATION: mechanisms that fulfill the function of authorized LSC to begin rulemaking. On
the state advisory councils. January 21, 2018, the Committee voted
I. Background At its January 2015 meeting, the to recommend that the Board authorize
Section 1004(f) of the Legal Services Operations and Regulations Committee publication of a Notice of Proposed
Corporation Act of 1974 required that (Committee) of LSC’s Board of Directors Rulemaking (NPRM) proposing to repeal
‘‘within six months after the first (Board) recommended including the part 1603. On January 23, 2018, the
meeting of the Board, the Board request repeal of part 1603 on LSC’s regulatory Board authorized publication of the
the Governor of each State to appoint a agenda, but made the initiative a low NPRM with a 30-day comment period.
nine-member advisory council for each priority. On February 1, 2018, LSC published the
state.’’ 42 U.S.C. 2996c(f). If ninety days On January 30, 2017, the President NPRM in the Federal Register, 83 FR
elapsed without the Governor’s signed Executive Order 13771, 4826.
appointing the advisory council, then ‘‘Reducing Regulation and Controlling On April 8, 2018, the Committee
‘‘the Board [was] authorized to appoint Regulatory Costs.’’ Through this voted to recommend that the Board
such a council.’’ Id. LSC implemented Executive order, the President directed adopt this final rule and approve its
this statutory requirement in 1975 at 45 the heads of executive departments and publication in the Federal Register. On
CFR part 1603. agencies to identify at least two prior April 10, 2018, the Board voted to adopt
The state advisory councils’ primary regulations to be repealed for each new and publish this final rule.
duty was to notify LSC of any ‘‘apparent regulation issued. By operation of the
violation’’ by a recipient. 45 CFR LSC Act, LSC is not an executive III. Discussion of the Comment
1603.5. LSC defined ‘‘apparent department or agency subject to the During the 30-day public comment
violation’’ as ‘‘a complaint or other Executive order. 42 U.S.C 2996d(e). period, LSC received one comment from
written communication alleging facts Consistent with the intent of the a current law student. The commenter
which, if established, constitute a Executive order to reduce unnecessary generally supported LSC’s proposal to
remove part 1603, citing reasons similar
daltland on DSKBBV9HB2PROD with RULES
violation of the [LSC] Act, or any regulations, however, LSC prioritized
applicable rules, regulations or the repeal of part 1603. to those presented by LSC in the
guidelines promulgated pursuant to the Prior to initiating rulemaking, LSC Justification Memo and NPRM. The
Act.’’ Id. § 1603.2(b). conducted an analysis of the oversight commenter suggested that the councils
LSC met the requirements of § 1004(f) mechanisms that have developed since could be re-established to ensure
of the LSC Act by requesting state the LSC Act was passed in 1974. LSC continued local involvement. LSC’s
governors to appoint state advisory determined that the state advisory Justification Memo addressed this
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![16786 Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
concern directly by describing the appear in the closed rulemaking section SURFACE TRANSPORTATION BOARD
variety of mechanisms—for example, at http://www.lsc.gov/about-lsc/laws-
state Access to Justice Commissions and regulations-guidance/rulemaking/ 49 CFR Parts 1001, 1003, 1004, 1005,
recipients’ own grievance procedures— closed-rulemaking. 1007, 1011, 1012, 1013, 1016, 1018,
that ensure local involvement in the 1019, 1033, 1034, 1035, 1037, 1090,
operations of LSC funding recipients. List of Subjects in 45 CFR Part 1603 1100, 1101, 1103, 1104, 1105, 1106,
The comment also stated that the 1108, 1110, 1112, 1113, 1114, 1116,
Advisory committees; Legal services.
‘‘[t]he decision [whether to repeal] 1117, 1119, 1120, 1132, 1133, 1135,
should be based on what affect[s] the PART 1603—[REMOVED] 1141, 1144, 1146, 1147, 1150, 1152,
United States taxpayers.’’ LSC agrees. 1155, 1177, 1180, 1182, 1184, 1185,
LSC does not think it would be a good 1200, 1220, 1242, 1243, 1244, 1245,
■ For the reasons discussed in the
use of LSC resources, which include 1246, 1247, 1248, 1253, 1305, 1310,
preamble and under the authority of 42 1312, 1313, 1319, 1331, and 1333
taxpayer money, to rejuvenate the state
U.S.C. 2996g(e), LSC is removing 45
advisory councils when their functions
are being performed well by a variety of CFR part 1603. [Docket No. EP 746]
other mechanisms, as highlighted in the Dated: April 11, 2018.
Updating the Code of Federal
Justification Memo and the NPRM. Stefanie Davis, Regulations
IV. Discussion of the Final Rule Assistant General Counsel.
[FR Doc. 2018–07963 Filed 4–16–18; 8:45 am]
Correction
LSC is removing part 1603. In a final
BILLING CODE 7050–01–P In rule document 2018–06657
rule published elsewhere in this issue of
beginning on page 15075 in the issue of
the Federal Register, LSC is adding to
Monday, April 9, 2018, make the
part 1603 a regulation governing
following correction:
requests for testimony and subpoenas
On page 15080, in the first column,
for documents in cases to which LSC is
amendatory instruction 70 should read
not a party.
as follows:
Materials regarding this rulemaking
are available in the open rulemaking ■ ‘‘70. In § 1182.2(a)(11), remove ‘‘21
section of LSC’s website at http:// U.S.C. 853a’’ and add in its place ‘‘21
www.lsc.gov/about-lsc/laws-regulations- U.S.C. 862’’. ’’
guidance/rulemaking. After the effective [FR Doc. C1–2018–06657 Filed 4–16–18; 8:45 am]
date of the rule, those materials will BILLING CODE 1301–00–D
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 16:15 Apr 16, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 9990 E:\FR\FM\17APR1.SGM 17APR1](https://thefederalregister.org/doc/83_FR_16859/page/2.svg)
Document Created: 2018-04-17 02:52:05
Document Modified: 2018-04-17 02:52:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on May 17, 2018. | |
| Contact | Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC 20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected] | |
| FR Citation | 83 FR 16785 |
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