Page:United States Statutes at Large Volume 90 Part 1.djvu/270

 90 STAT. 220

Term.

Compensation. 5 USC 5332 note. 18 USC 4203.

Rules and regulations.

Review.

PUBLIC LAW 94-233—MAR. 15, 1976 be comprised of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall designate from among the Commissioners one to serve as Chairman. The term of office of a Commissioner shall be six years, except that the term of a person appointed as a Commissioner to fill a vacancy shall expire six years from the date upon which such pereon was appointed and qualified. Upon the expiration of a term of office of a Commissioner, the Commissioner shall continue to act until a successor has been appointed and qualified, except that no Commissioner may serve in excess of twelve years. Commissioners shall be compensated at the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates (5 U.S.C. 5332). "§ 4203. Powers and duties of the Commission " (a) The Commission shall meet at least quarterly, and by majority vote shall— "(1) promulgate rules and regulations establishing guidelines for the powers enumerated in subsection (b) of this section and such other rules and regulations as are necessary to carry out a national parole policy and the purposes of this chapter; "(2) create such regions as are necessary to carry out the provisions of this chapter, but in no event less than five; and "(3) ratify, revise, or den;^ any request for regular, supplemental, or deficiency appropriations, prior to the submission of the requests to the Office of Management and Budget by the Chairman, which requests shall be separate from those of any other agency of the Department of Justice. "(b) The Commission, by majority vote, and pursuant to the procedures set out in this chapter, shall have the power to— " (1) grant or deny an application or recommendation to parole any eligible prisoner; " (2) impose reasonable conditions on an order granting parole; " (3) modify or revoke an order paroling any eligible prisoner; and "(4) request probation officers and other individuals, organizations, and public or private agencies to perform such duties with respect to any parolee as the Commission deems necessary for maintaining proper supervision of and assistance to such parolees; and so as to assure that no probation officers, individuals, organizations, or agencies shall bear excessive caseloads. "(c) The Commission, by majority vote, and pursuant to rules and regulations— " (1) may delegate to any Commissioner or commissioners powers enumerated in subsection (b) of this section; "(2) may delegate to hearing examiners any powers necessary to conduct hearings and proceedings, take sworn testimony, obtain and make a record of pertinent information, make findings of probable cause and issue subpenas for witnesses or evidence in parole revocation proceedings, and recommend disposition of any matters enumerated in subsection (b) of this section, except that any such findings or recommendations shall be based upon the concurrence of not less than two hearing examiners; "(3) may delegate authority to conduct hearings held pursuant to section 4214 to any officer or employee of the executive or judicial branch of Federal or State government; and "(4) may review, or may delegate to the National Appeals Board the power to review, any decision made pursuant to subparagraph (1) of this subsection except that any such decision

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