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Notice of Rulemaking to Revise LSC Regulations on Alien Representation, 45 CFR Part 1626

Notice of Rulemaking to Revise LSC Regulations on Alien Representation, 45 CFR Part 1626
LSC has decided to undertake a rulemaking to revise our regulations on alien representation, 45 CFR Part 1626. This rulemaking is being conducted as a Negotiated Rulemaking.
 
On January 27, 2001, the Board of Directors identified 45 CFR Part 1626, Restrictions on Legal Assistance to Aliens, as an appropriate subject for rulemaking.1 Although Part 1626 was last amended relatively recently (1997), this regulation has been identified both by staff and field representatives as in need of additional amendment. In the years since its last amendment, several practical issues have emerged, such as issues relating to documentation requirements, representation of groups of aliens, and representation of legal aliens not currently covered by the rule. In addition, the findings of the Erlenborn Commission and certain provisions from the Victims of Trafficking and Violence Protection Act of 2000 need to be incorporated into the 1626 regulations.
 
On June 30, 2001, the LSC President and the Chair of the Operations and Regulations Committee made a determination to proceed with the institution of a Negotiated Rulemaking to consider amendments to Part 1626. In accordance with the LSC Rulemaking Protocol, the LSC President, in consultation with the Committee Chair, will be soliciting suggestions for appointment to the Working Group from the regulated community, its clients, advocates, the organized bar and other interested parties.
 
If you have any questions about this rulemaking, please contact Mattie C. Condray, Senior Assistant General Counsel, at mcondray@lsc.gov or 202/336-8817.
 
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1. The Board had previously identified 1626 as an appropriate subject for rulemaking for the purpose of incorporating the findings of the Erlenborn Commission, as adopted by the LSC Board of Directors in 1999, into Part 1626. The current action supercedes and subsumes that previously announced rulemaking action.