22 C.F.R. § 51.74
Final decision
After reviewing the record of the hearing and the preliminary findings of fact and recommendations of the hearing officer, and considering legal and policy considerations he or she deems relevant, the Deputy Assistant Secretary for Passport Services, or his or her designee, will decide whether to uphold the denial or revocation of the passport or cancellation of the Consular Report of Birth Abroad. The Department will promptly notify the person requesting the hearing of the decision in writing. If the decision is to uphold the denial, revocation, or cancellation, the notice will contain the reason(s) for the decision. The decision is final and is not subject to further administrative review.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1964–2021 · leading case: Yaman Ex Rel. KY v. United States Dep't of State, 709 F. Supp. 2d 85 (D.D.C. 2010).
Yaman Ex Rel. KY v. United States Dep't of State, 709 F. Supp. 2d 85 (D.D.C. 2010). “1 (“State Dep’t Final Decision”), 4; see also 22 C.F.R. § 51.74 (requiring the Deputy Assistant Secretary to review the hearing officer’s findings of fact and recommendations).”
Staughton Lynd v. Dean Rusk, Sec'y of State, Jane Wittman v. Sec'y of State, 389 F.2d 940 (D.C. Cir. 1967). “13544, October 20, 1966, codified as 22 C.F.R. § 51.74 (1967). Appellant Lynd, while recognizing that the new regulations are narrower, has mounted an extensive attack on the old regulation, arguing that it was both unconstitutionally vague and unauthorized by statute.”
Copeland v. Sec'y of State, 226 F. Supp. 20 (S.D.N.Y. 1964). “” 22 C.F.R. § 51.74 provides: “Affidavits. Any affidavit which may be required under the rules in this part or shall bo submitted in support of an application for a passport or the renewal, extension, or amendment of a passport shall be considered as, and become, a part of the…”
Gonzalez Boisson v. Pompeo (D.D.C. 2020). “conclude that such an employee would not be an impartial arbiter, nor does she account for the fact that the hearing officer makes only preliminary findings of fact and recommendations, which are then sent (along with the record) to the Deputy Assistant Secretary for Passport…”
Madera v. United States Dep't of State (E.D. Cal. 2020). “7 22 C.F.R. § 51.74 . 8 “Only final agency decisions are subject to review under the APA.”
Hadwan v. United States Dep't of State (S.D.N.Y. 2021). “6 See 22 C.F.R. § 51.74 (“After reviewing the record of the hearing and the preliminary findings of fact and recommendations of the hearing officer …, the Deputy Assistant Secretary for Passport Services … will decide whether to uphold the denial or revocation of the passport.”
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