28 C.F.R. § 0.97
Redelegation of authority
The Director of the Bureau of Prisons is authorized to redelegate to any of his subordinates any of the authority, functions or duties vested in him by this subpart Q. The Director may make similar delegations to any other employee of any Bureau, Board, Office, or Division of the Department of Justice with the consent of the head of that Bureau, Board, Office, or Division, and after written notification to the Attorney General or designee. A redelegation of authority is limited to employees of the Department of Justice. Existing redelegations by the Director of the Bureau of Prisons shall continue in force and effect until modified or revoked.
Notes of Decisions
Cited in 3
cases, 1968–2006 · leading case: Konigsberg v. Ciccone, 285 F. Supp. 585 (W.D. Mo. 1968).
Konigsberg v. Ciccone, 285 F. Supp. 585 (W.D. Mo. 1968). “Redelegation by the Director of the Bureau of Prisons to any of his subordinates in this regard is expressly provided for in 28 C.F.R. § 0.97 . There is no indication that the direction from the Assistant Director of the Bureau of Prisons to honor the New York writ of habeas…”
Jose Luis Hilario-Paulino v. Michael Pugh, 194 F. App'x 900 (11th Cir. 2006). “Hilario argued that, despite the fact that the BOP has authority over federal prisoners, according to 28 C.F.R. § 0.97 , the BOP is only permitted to delegate its authority over inmate discipline to governmental entities.”
Roe v. United States Attorney, 489 F. Supp. 4 (E.D.N.Y 1979). “See 28 C.F.R. §§ 0.97 , 0.113. On the other hand, it is clear that neither Cohen, as a Justice Department Special Attorney, nor Magno, as a Special Agent of the DEA, had the power, in view of the statutes, regulations and executive orders from which they derive their authority,…”
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