§ 813.1. Overview of guidance development process.
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/us/cfr/t28/s§ 813.1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)This part governs all Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) and Pretrial Services Agency
(PSA)employees and contractors involved with all phases of implementing CSOSA guidance documents.
(b)The procedures set forth in this part apply to all guidance documents, issued by all components of CSOSA and PSA.
(c)For purposes of this part, "guidance document" means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of statute or regulation. Guidance documents do not have the force and effect of law and are not meant to bind the public in any way. A guidance document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
(d)CSOSA may not cite, use, or rely on guidance documents that are rescinded, except to establish historical facts.
(e)Guidance documents not posted on the Agencies' web portal are considered rescinded, and not in effect.
(f)This part does not apply to:
(1)Rules promulgated pursuant to notice and comment under section 553 of title 5, United States Code, or similar statutory provisions;
(2)Rules exempt from rulemaking requirements under 5 U.S.C. 553(a);
(3)Rules of agency organization, procedure, or practice;
(4)Decisions of agency adjudications under 5 U.S.C. 554 or similar statutory provisions;
(5)Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials;
(6)Agency statements of specific applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions (e.g., case or investigatory letters responding to complaints, warning letters), notices regarding particular locations or facilities (e.g., guidance pertaining to the use, operation, or control of a government facility or property), and correspondence with individual persons or entities (e.g., congressional correspondence), except documents ostensibly directed to a particular party but designed to guide the conduct of the broader regulated public;
(7)Legal briefs, other court filings, or positions taken in litigation or enforcement actions;
(8)Agency statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation, including speeches and individual presentations, editorials, media interviews, press materials, or congressional testimony that do not set forth for the first time a new regulatory policy;
(9)Guidance pertaining to military or foreign affairs functions;
(10)Grant solicitations and awards;
(11)Contract solicitations and awards; or
(12)Purely internal agency policies or guidance directed solely to the Agencies' employees or contractors or to other Federal agencies that are not intended to have substantial future effect on the behavior of regulated parties.
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