Notice of Rulemaking to Revise LSC Regulations on Eligibility, 45 CFR Part 1611

Rulemaking Notice

Notice of Rulemaking to Revise LSC Regulations on Eligibility, 45 CFR Part 1611

LSC has decided to undertake a rulemaking to revise our regulations on eligibility, 45 CFR Part 1611. This rulemaking is being conducted as a Negotiated Rulemaking.

On January 27, 2001, the Board of Directors identified 45 CFR Part 1611, Eligibility, as an appropriate subject for rulemaking. Part 1611 sets forth the requirements relating to determination and documentation of client eligibility. The current version of 1611 was adopted in 1983. There have been two proposed revisions to 1611 published since then, one in 1989 and another in 1995, but neither rulemaking was completed and the proposed rules were each withdrawn. Many outstanding issues prompting the 1995 proposed rulemaking remain extant and there are other issues, particularly related to documentation requirements, which are appropriate for discussion. In addition, there is a FY1998 statutory change which should be incorporated into the regulation.

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 1611. 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 or 202/336-8817.