---
kind: "section"
citation: "28 C.F.R. § 26.23"
title: "28"
number: "26.23"
heading: "Certification process."
url: "https://uscodex.org/cfr/28/26.23"
---

# §26.23. Certification process.

- (a) An appropriate State official may request in writing that the Attorney General determine whether the State meets the requirements for certification under [§ 26.22](/cfr/28/26.22.md) of this subpart.
- (b) Upon receipt of a State's request for certification, the Attorney General will make the request publicly available on the Internet (including any supporting materials included in the request) and publish a notice in the Federal Register—
  - (1) Indicating that the State has requested certification;
  - (2) Identifying the Internet address at which the public may view the State's request for certification; and
  - (3) **Soliciting public comment on the request.**
- (c) The State's request will be reviewed by the Attorney General. The review will include consideration of timely public comments received in response to the Federal Register notice under [paragraph (b)](#b) of this section, or any subsequent notice the Attorney General may publish providing a further opportunity for comment. The certification will be published in the Federal Register if certification is granted. The certification will include a determination of the date the capital counsel mechanism qualifying the State for certification was established.
- (d) A certification by the Attorney General reflects the Attorney General's determination that the State capital counsel mechanism reviewed under [paragraph (c)](#c) of this section satisfies chapter 154's requirements. A State may request a new certification by the Attorney General to ensure the continued applicability of chapter 154 to cases in which State postconviction proceedings occur after a change or alleged change in the State's certified capital counsel mechanism. Changes in a State's capital counsel mechanism do not affect the applicability of chapter 154 in any case in which a mechanism certified by the Attorney General existed throughout State postconviction proceedings in the case.
- (e) A certification remains effective for a period of five years after the completion of the certification process by the Attorney General and any related judicial review. If a State requests re-certification at or before the end of that five-year period, the certification remains effective for an additional period extending until the completion of the re-certification process by the Attorney General and any related judicial review.

## Notes

### Source

Source: 78 FR 58183, Sept. 23, 2013, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 18 U.S.C. 4001(b), 4002, 3596, 3597; 28 U.S.C. 509, 510, 2261, 2265.

### Source

Source: Order No. 1655-93, 57 FR 4901, Jan. 19, 1993, unless otherwise noted.