Department of Justice
Procedures for Suspension and Removal of Panel Trustees and Standing Trustees; Final Rule
28 CFR Part 58
Procedures for Suspension and Removal of Panel Trustees and Standing Trustees
AGENCY: Department of Justice.
ACTION: Final rule.
SUMMARY: The United States Trustee Program ("Program''), a component of the Department of Justice, is formalizing procedures to govern the suspension and termination of future case assignments to panel and standing trustees. The final rule enables a trustee to obtain a determination by the Director of the Executive Office for United States Trustees whether a decision by a United States Trustee to suspend or terminate future case assignments is supported by the record and is an appropriate exercise of the United States Trustee's discretion. This rule specifies the method by which United States Trustees shall announce suspension and termination decisions. It also formalizes the procedure by which a trustee obtains review by the Director, the manner in which that review will be conducted, and the standard the Director will employ in reaching a determination.
The Director's decision will constitute final agency action by the Department of Justice. If the agency's final action is adverse, this rule enables a trustee to obtain judicial review of it pursuant to the Administrative Procedure Act. 5 U.S.C. 552, et seq.