Code of Federal Regulations

§ 2.220

28 CFR Ch. I (7–1–07 Edition)

by the Commission on the same sentence (including the term of imprisonment imposed in the current revocation).
(2) For example, if the maximum authorized term of imprisonment at the
first revocation is three years and the
original maximum authorized term of
supervised release is five years, the
Commission at the first revocation
may have imposed a one-year term of
imprisonment and a four-year further
term of supervised release. If, at a second revocation, the Commission imposes another one-year term of imprisonment, the maximum authorized further term of supervised release will be
three years (the original five-year period minus the total of two years of imprisonment).
(f) Effect of sentencing court imposing
less than the original maximum authorized term of supervised release. If the
Commission has revoked supervised release, the maximum authorized period
of further supervised release is determined by reference to the original
maximum authorized term permitted
for the offense of conviction (see paragraph (b) of this section), even if the
sentencing court did not impose the
original maximum authorized term
permitted for the offense of conviction.
§ 2.220

Appeal.

A supervised releasee may appeal to
the Commission a decision to revoke
supervised release, impose a term of
imprisonment, or impose a new term of
supervised release after revocation.
The provisions of § 2.26 on the time limits for filing and deciding the appeal,
the grounds for appeal, the format of
the appeal, the limits regarding the
submission of exhibits, and voting requirements apply to an appeal submitted under this section.

PART 3—GAMBLING DEVICES
Sec.
3.1 Definition.
3.2 Assistant Attorney General, Criminal
Division.
3.3 Registration.
3.4 Registration to be made by letter.
3.5 Forfeiture of gambling devices.

AUTHORITY: 89 Stat. 379; 5 U.S.C. 301, sec. 2,
Reorganization Plan No. 2 of 1950, 64 Stat.
1261; 3 CFR, 1949–1953 Comp.
CROSS REFERENCE: For Organization Statement, Federal Bureau of Investigation, see
subpart P of part 0 of this chapter.
SOURCE: Order No. 331–65, 30 FR 2316, Feb.
20, 1965, unless otherwise noted.

§ 3.1

Definition.

For the purpose of this part, the term
Act means the Act of January 2, 1951, 64
Stat. 1134, as amended by the Gambling
Devices Act of 1962, 76 Stat. 1075, 15
U.S.C. 1171 et seq.
§ 3.2 Assistant
Attorney
Criminal Division.

The Assistant Attorney General,
Criminal Division, is authorized to exercise the power and authority of and
to perform the functions vested in the
Attorney General by the Act. (See also
28 CFR 0.55(i).)
(28 U.S.C. 509 and 510)
[Order No. 960–81, 46 FR 52354, Oct. 27, 1981]

§ 3.3

Registration.

Persons required to register pursuant
to section 3 of the Act shall register
with the Assistant Attorney General,
Criminal Division, Department of Justice, Washington, DC 20530.
§ 3.4

Registration to be made by letter.

No special forms are prescribed for
the purpose of registering under the
Act. Registration shall be accomplished by a letter addressed to the Assistant Attorney General, Criminal Division, setting forth the information
required by section 3(b)(4) of the Act.
Registration should be made by registered or certified mail inasmuch as
receipt of registrations will not otherwise be acknowledged. The registration
requirement of the Act is an annual requirement. Any person engaged in any
one or more of the activities for which
registration is required under the Act
must, in conformity with the provisions of the Act, register in each calendar year in which he engages in such
activities.

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Department of Justice
§ 3.5

§ 4.3

Forfeiture of gambling devices.

For purposes of seizure and forfeiture
of gambling devices see section 8 of
this chapter.
[Order No. 1128–86, 51 FR 8817, Mar. 17, 1986]

PART 4—PROCEDURE GOVERNING
APPLICATIONS FOR CERTIFICATES
OF EXEMPTION UNDER THE
LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF
1959, AND THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974
Sec.
4.1 Definitions.
4.2 Who may apply for Certificate of Exemption.
4.3 Contents of application.
4.4 Supporting affidavit; additional information.
4.5 Character endorsements.
4.6 Institution of proceedings.
4.7 Notice of hearing; postponements.
4.8 Hearing.
4.9 Representation.
4.10 Waiver of oral hearing.
4.11 Appearance; testimony; cross-examination.
4.12 Evidence which may be excluded.
4.13 Record for decision. Receipt of documents comprising record; timing and extension.
4.14 Administrative
law
judge’s
recommended decision; exceptions thereto;
oral argument before Commission.
4.15 Certificate of Exemption.
4.16 Rejection of application.
4.17 Availability of decisions.
AUTHORITY: Secs. 504, 606, 73 Stat. 536, 540
(29 U.S.C. 504, 526); and secs. 411, 507a, 88 Stat.
887, 894 (29 U.S.C. 1111, 1137).
CROSS REFERENCE: For Organization Statement, U.S. Parole Commission, see subpart V
of part 0 of this chapter.
SOURCE: 44 FR 6890, Feb. 2, 1979, unless otherwise noted.

§ 4.1 Definitions.
As used in this part:
(a) Labor Act means the Labor-Management Reporting and Disclosure Act
of 1959 (73 Stat. 519).
(b) Pension Act means the Employee
Retirement Income Security Act of
1974 (Pub. L. 93–406) (88 Stat. 829).
(c) Acts means both of the above statutes.

(d) Commission means the United
States Parole Commission.
(e) Secretary means the Secretary of
Labor or his designee.
(f) For proceedings under the ‘‘Labor
Act’’
(1) Employer means the labor organization, or person engaged in an industry or activity affecting commerce, or
group or association of employers dealing with any labor organization, which
an applicant under § 4.2 desires to serve
in a capacity for which he is ineligible
under section 504(a) of the ‘‘Labor
Act’’.
(2) All other terms used in this part
shall have the same meaning as identical or comparable terms when those
terms are used in the ‘‘Labor Act’’.
(g) For proceedings under the ‘‘Pension Act’’
(1) Employer means the employee benefit plan with which an applicant under
§ 4.2 desires to serve in a capacity for
which he is ineligible under section
411(a) of the ‘‘Pension Act’’ (29 U.S.C.
section 1111).
(2) All other terms used in this part
shall have the same meaning as identical or comparable terms when those
terms are used in the ‘‘Pension Act’’.
§ 4.2 Who may apply for Certificate of
Exemption.
Any person who has been convicted
of any of the crimes enumerated in section 504(a) of the ‘‘Labor Act’’ whose
service, present or prospective, as described in that section is or would be
prohibited by that section because of
such a conviction or a prison term resulting therefrom; or any person who
has been convicted of any of the crimes
enumerated in section 411(a) of the
‘‘Pension Act’’ (29 U.S.C. section 1111)
whose service, present or prospective,
as described in that section is or would
be prohibited by that section because
of such a conviction or a prison term
resulting therefrom, may apply to the
Commission for a Certificate of Exemption from such a prohibition under the
applicable Act.
§ 4.3 Contents of application.
A person applying for a Certificate of
Exemption shall file with the Office of
General Counsel, U.S. Parole Commission, 5550 Friendship Boulevard, Chevy

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