via telecopy and regular mail
Dear Mr. [REDACTED]:
I am writing in response
to your March 10 and 11, 1998 letters to Director Patchan. In them you
inquire whether administrative review is available, pursuant to 28 C.F.R.
58.6(i), to contest the United States Trustee for Region 2's decision to
reappoint you to the panel of chapter 7 trustees for a time period ending
April 30, 1998. The United States Trustee issued that decision to you in
a letter dated February 19, 1998. That letter states you were reappointed
for a Limited Reappointment Period -- through April 30 -- so the United
States Trustee could continue evaluating your performance.
The Program's administrative
review provisions took effect on November 3, 1997, and are effective for
any cessation of the assignment of cases that arise after that date. 62
Fed. Reg. 51740 (Oct. 2, 1997). A so-called Limited Reappointment Period
does not fall under the rule because it does not result in the cessation
of the assignment of cases. It simply establishes the time period for which
you are assigned to the panel.
The United States Trustee's
February 19 letter does note that you were suspended from active case rotation
on May 1, 1997. The February 19, 1998, letter references that prior suspension
and notes that prior suspension remained in effect. Accordingly, the administrative
rules do not apply to case cessations, like this one, that arose prior
to November 3, 1997. However, if the United States Trustee were to issue
a notice of non-renewal you would, at that time, have the right to file
a timely request for review pursuant to 28 C.F.R. 58.6(i) and the right
to obtain administrative review of that non-renewal decision. At that time,
you would, of course, have the opportunity to present all issues which
you believe are relevant and should be considered.
Your letter also indicates that you would like to meet with the Executive Office regarding the United States Trustee's limited reappointment. Although I would be glad to meet with you to discuss this matter, at this time it might be more productive for you to continue your efforts to resolve this situation first with the United States Trustee's office. However, if you decide that you would still like to meet with me, please contact my office to arrange a mutually convenient time and place.
Very truly yours,
Kevyn D. Orr
cc: Joseph Patchan
United States Trustee
for Region [REDACTED]
Assistant U.S. Trustee
for Region [REDACTED]