28 C.F.R. § 0.137

Designating officials to perform the functions and duties of certain offices in case of absence, disability or vacancy

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(a) In case of vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General shall, pursuant to 28 U.S.C. 508(a) perform the functions and duties of and act as Attorney General. When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall, pursuant to 28 U.S.C. 508(b), perform the functions and duties of and act as Attorney General. In the event of vacancy, absence, or disability in each of these offices, the Solicitor General shall perform the functions and duties of and act as Attorney General.

(b) Every office within the Department to which appointment is required to be made by the President with the advice and consent of the Senate (“PAS office”) shall have a First Assistant within the meaning of the Federal Vacancies Reform Act of 1998. Where there is a position of Principal Deputy to the PAS office, the Principal Deputy shall be the First Assistant. Where there is no position of Principal Deputy to the PAS office, the First Assistant shall be the person whom the Attorney General designates in writing.

(c) In the event of a vacancy in the office of the head of an organizational unit that is not covered by paragraphs (a) or (b) of this section, the ranking deputy (or an equivalent official) in such unit who is available shall perform the functions and duties of and act as such head, unless the Attorney General directs otherwise. Except as otherwise provided by law, if there is no ranking deputy available, the Attorney General shall designate another official of the Department to perform the functions and duties of and act as such head.

(d) The head of an organizational unit of the Department not covered by paragraphs (a) or (b) of this section is authorized, in the case of absence from office or disability, to designate the ranking deputy (or an equivalent official) in the unit who is available to act as head. If there is no deputy available to act, any other official in such unit may be designated. Alternatively, in his discretion, the Attorney General may designate any official in the Department to act as head when a head who is not covered by paragraphs (a) or (b) of this section is absent or disabled.

[Order No. 755-77, 42 FR 59384, Nov. 17, 1977, as amended by Order No. 1043-84, 49 FR 4469, Feb. 7, 1984; Order No. 1097-85, 50 FR 25708, June 21, 1985; Order No. 1858-94, 59 FR 13883, Mar. 24, 1994; Order No. 2205-99, 64 FR 6526, Feb. 10, 1999. Redesignated by Order No. 2650-2003, 68 FR 4926, Jan. 31, 2003. Further redesignated by AG Order No. 3229-2010, 75 FR 70123, Nov. 17, 2010]

Notes of Decisions

Cited in 9 cases, 1979–2020 · leading case: Adolph Kizas v. William H. Webster, Adolph Kizas v. William H. Webster, 707 F.2d 524 (D.C. Cir. 1983).

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Adolph Kizas v. William H. Webster, Adolph Kizas v. William H. Webster, 707 F.2d 524 (D.C. Cir. 1983). “The employees appear to argue, however, that the Director’s broad delegated discretion over Bureau personnel management, see 28 C.F.R. § 0.137 (1982), supplants the compensation scheme set forth in Title 5.”

Louis S. Bullard, Special Agent, Fbi, Cross-Appellant v. William H. Webster, Cross-Appellees, 623 F.2d 1042 (5th Cir. 1980). “*1047 28 C.F.R. § 0.137 . A transfer decision is based upon complex considerations of agency requirements as well as the ability and personal characteristics of the employee.”

Kizas v. Webster, 492 F. Supp. 1135 (D.D.C. 1980). “§ 536 (exemption from competitive civil service) and 28 C.F.R. § 0.137 (hiring authority vested in Director and designated officials).”

Bramley v. Webster, 476 F. Supp. 351 (E.D. Pa. 1979). “28 C.F.R. § 0.137 . In addition, the Court notes that the decisión to transfer an employee is one necessarily ill-adapted to judicial review for several reasons.”

Thelma F. Mead v. Merit Sys. Prot. Bd., 687 F.2d 285 (9th Cir. 1982). “§ 301 (authorizing the Attorney General to prescribe regulations for the governance of his department and 28 C.F.R. § 0.137 (1981) (delegating the Attorney General’s authority to the Bureau’s Director “to take final action in matters pertaining to the employment, direction and…”

Temp. Filling of Vacancies in the Off. of United States Attorney (OLC 2003). · cites it 2× “Under the Vacancies Reform Act (and Department of Justice regulations, see 28 C.F.R. § 0.137 (2003)), is the First Assistant U.”

United States v. Marcos Gonzalez Flores (9th Cir. 2020). “§§ 3345 (a)(1), 3346(a)(1); 28 C.F.R. § 0.137 (b). Finally, the government timely filed its notice of appeal on July 26, 2017; the government’s filing of a second, identical notice of appeal on August 1, 2017, after the district court’s clerk’s office requested the first notice…”

L.M.-m. v. Cuccinelli (D.D.C. 2020). “”); 28 C.F.R. § 0.137 (b) (requiring by regulation that the principal deputy in each PAS office within the Department of Justice serve as first assistant and, “[w]here there is no position of [p]rincipal [d]eputy to the PAS office,” providing that the Attorney General will…”

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