C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 24—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS › Subpart A—General Provisions

28 C.F.R. § 24.102

Definitions

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As used in this part:

(a) The Act means section 504 of title 5, U.S. Code, as amended by section 203(a)(1) of the Equal Access to Justice Act, Public Law No. 96-481.

(b) Adversary adjudication means an adjudication under 5 U.S.C. 554 in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or reviewing a license.

(c) Adjudicative officer means the official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication.

(d) Department refers to the relevant departmental component which is conducting the adversary adjudication (e.g., Drug Enforcement Administration or Office of Justice Assistance, Research, and Statistics).

(e) Proceeding means an adversary adjudication as defined in § 24.102(b) above.

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Rafeh-Rafie Ardestani v. United States Dep't of Just., Immigr. & Naturalization Serv., 904 F.2d 1505 (11th Cir. 1990).
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Rafeh-Rafie Ardestani v. United States Dep't of Just., Immigr. & Naturalization Serv., 904 F.2d 1505 (11th Cir. 1990). · cites it 2× “28 C.F.R. 24.102(b), (e) & 24.103. Deportation proceedings have not been added in the most recent promulgation of this list, which includes Drug Enforcement Administration hearings, handicap discrimination hearings and civil rights hearings.”
— 28 C.F.R. § 24.102(b) — 1 case
Rafeh-Rafie Ardestani v. United States Dep't of Just., Immigr. & Naturalization Serv., 904 F.2d 1505 (11th Cir. 1990). “28 C.F.R. 24.102(b), (e) & 24.103. Deportation proceedings have not been added in the most recent promulgation of this list, which includes Drug Enforcement Administration hearings, handicap discrimination hearings and civil rights hearings.”
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