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Sec.

$ 704.2 Complaints.

(c) Any Member, officer, or employeo Any person may bring to the attention

in of the Commission including members of of the Commission a grievance which he

State Advisory Committees, who is believes falls within the jurisdiction of

served with a subpena, order, or other the Commission, as set forth in section

demand requiring the disclosure of such 104 of the Act. This shall be done by sub

information or the production of such mitting a complaint in writing to Office

documents shall appear in response to of General Counsel, U.S. Commission on

such subpena, order, or other demand Civil Rights, Washington, D.C. 20425. Al

and, unless otherwise directed by the legations falling under section 104(a) (1)

Commission, shall respectfully decline to and (5) of the Act (discrimination or

disclose the information or produce the fraud in voting) must be under oath or

documents called for, basing his refusal affirmation. All complaints should set upon this section. Any such person who forth the pertinent facts upon which the is served with such a subpena, order, or complaint is based, including but not other demand shall promptly advise the limited to specification of (a) names and Commission of the service of such subtitles of officials or other persons involved pena, order, or other demand, the nature in acts forming the basis for the com

of the information or documents sought, plaint; (b) accurate designations of place

and any circumstances which may bear locations involved; (c) dates of events

upon the desirability of making availdescribed in the complaint.

able such information or documents. (34 F.R. 7577, May 10, 1969) $ 704.3 Other requests and communica PART 705-EMPLOYEE RESPONSItions.

BILITIES AND CONDUCT Requests for information and for Commission literature should be directed to

705.735-1 Adoption of regulations. Office of Information and Publications,

705.735-2 Statements of employment and U.S. Commission on Civil Rights, Wash

financial interests. ington, D.C. 20425. Communications with 705.735–3 Employee's complaint on filing respect to Commission proceedings

requirement. should be made pursuant to $ 702.17 of 705.735-4 Review of statements of employ. this chapter. All other communications

ment and financial interests. should be directed to Office of the Staff

705.735–5 Disciplinary and other remedial

action. Director, U.S. Commission on Civil

705.735–6 Gifts, entertainment, and favors. Rights, Washington, D.C. 20425.

705.735–7 Outside empioyment and other [34 F.R. 7577, May 10, 1969)

activity.

705.735–8 Miscellaneous statutory provi8704.4 Restrictions on disclosure of in

sions. formation.

705.735–9 Specific provisions of Commission (a) By the provisions of section 102(g)

regulations governing special of the Act, no evidence or testimony or

Government employees. summary of evidence or testimony taken AUTHORITY: The provisions of this Part 705 in executive session may be released or issued under E.O. 11222, 3 CFR, 1965 Supp.; used in public sessions without the con 5 CFR 735.101 et seq. sent of the Commission, and any per

SOURCE: The provisions of this part 705 son who releases or uses in public with appear at 32 F.R. 14589, Oct. 20, 1967, unless out the consent of the Commission such otherwise noted. evidence or testimony taken in executive session shall be fined not more than

$ 705.735-1 Adoption of regulations. $1,000 or imprisoned for not more than 1 Pursuant to 5 CFR 735.104 (f), the U.S. year.

Commission on Civil Rights (referred to (b) Unless a matter of public record,

hereinafter as the Commission) hereby all information or documents obtained or

adopts the following sections of Part 735 prepared by any Member, oficer, or em

of Title 5, Code of Federal Regulations: ployee of the Commission, including members of State Advisory Committees,

$$ 735.101-735.102, 735.201a, 735.202 (a), in the course of his official duties, or by

(d), (e), (f)-735.210, 735.302, 735.303(a), virtue of his official status. shall not be 735.304, 735.305(a), 735.404–735.411, disclosed or used by such person for any 735.412 (b) and (d). These adopted secpurpose except in the performance of tions are modified and supplemented as his official duties.

set forth in this part.

$ 705.735-2 Statements of employment an opportunity to explain the Indicated and financial interests.

conflict, and attempt to resolve the Indi(a) Employees of the Commission in

cated conflict. If, in the case of a statethe following named positions are re

ment (other than a statement of the quired to submit statements of employ

Staff Director) reviewed by the General ment and financial interests:

Counsel, the indicated conflict cannot be (1) The Staff Director.

resolved, the General Counsel shall for(2) The Deputy Staff Director.

ward a written report on the indicated (3) The Office Heads.

conflict to the Staff Director through the (4) The Executive Officer of the Com

Counselor for the Commission desigmission.

nated under 5 CFR 735.105 (a). Should a (5) Special Assistants to the Staff Di

conflict be indicated in a statement of

the Staff Director or the General Counrector. (b) A statement of employment and

sel, and the conflict cannot be resolved, financial interests is not required under

the reviewing official shall forward a this part from Members of the Commis

written report on the indicated conflict sion. Members of the Commission are

to the Chairman of the Commission. subject to 3 CFR 100.735.31 and are re 8 705.735-5 Disciplinary and other required to file a statement only if re

medial action. quested to do so by the Counsel to the President.

An employee or special Government (c) Notwithstanding the filing of the

employee of the Commission who vioannual supplementary statement re

lates any of the regulations in this part quired by 5 CFR 735.406, each employee

or adopted under 8 705.735-1 may be disshall at all times avoid acquiring a finan

ciplined. The disciplinary action may be cial interest that could result, or taking

In addition to any penalty prescribed by

law for the violation. In addition to or an action that would result, in a violation of the conflict-of-interest provisions

in lieu of disciplinary action, remedial

action to end conflicts or appearance of of section 208 of Title 18, United States

conflicts of interest may include but is Code or the regulations in this part or

not limited to: adopted under $ 705.735-1.

(a) Changes in assigned duties; [32 F.R. 14589, Oct. 20, 1967, as amended at 34 F.R. 7577, May 10, 1969)

(b) Divestment by the employee or

special Government employee of his con$ 705.735–3 Employee's complaint on flicting interest; or filing requirement.

(c) Disqualification for a particular Any employee who thinks that his po

assignment. sition has been improperly included un 8 705.735-6 Gifts, entertainment, and der these regulations as one requiring

favors. the submission of a statement of em

The Commission authorizes the excep. ployment and financial interest shall

tions to 5 CFR 735.202(a) set forth in have the opportunity for review of his

5 CFR 735.202(b) (1)-(4). complaint through the Commission's grievance procedure.

8705.735-7 Outside employment and & 705.735 4 Review of statements of

other activity. employment and financial interests. An employee of the Commission may Each statement of employment and

engage in outside employment or other

outside activity not incompatible with financial interests submitted under this

the full and proper discharge of the part shall be submitted to and reviewed

duties and responsibilties of his Govern by the General Counsel, except that the statement of the General Counsel shall

ment employment. An employee who be submitted to and reviewed by the

wishes to engage in outside employment

shall first obtain the approval, in writir. , Staff Director. When a review indicates

of the Staff Director or his desence, a conflict between the interests of an employee or special Government em- 3705.735-2 Miserllaneous statutory pro ployee of the Commission and the per

visione. formance of his services for the Government, the reviewing official shall have All employees and special Neriment the indicated conflict brought to the employees of the Commission are

o n attention of the employee, grant the em to the profitton on Oisekotre of En. ployee or special Government employee dence taken in zmontive man en

tained in section 102(g) of the Civil Rights Act of 1957, 71 Stat. 634, as amended by the Civil Rights Act of 1964, 78 Stat. 241; 42 U.S.C. 1975a (g). & 705.735–9 Specific provisions of Com

mission regulations governing special

Government employees. (a) Special Government employees of the Commission shall adhere to the standards of conduct applicable to employees as set forth in this part and

adopted under $ 705.735–1, except 5 CFR 735.203(b).

(b) Special Government employees of the Commission may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305(b), the Commission authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by $ 705.735_6.

CHAPTER VIII-CIVIL SERVICE COMMISSION

Part 801

Voting Rights Program.

PART 801-VOTING RIGHTS

PROGRAM Subpart A-General Provisions Sec. 801.101 Definitions. 801.102 Timely filing required. 801.103 Computation of time. 801.104 Words denoting number and gender.

Subpart D-Removals From Eligibility List Sec. 801.401 Scope. 801.402 Bases for removals. 801.403 Procedure for removals determined

by examiners. 801.404 Notification of removals.

[blocks in formation]

801.301 Scope. 801.302 Basis of challenge. 801.303 Time and place of challenge. 801.304 Form of challenge. 801.305 Rejection and docketing of chal

lenge. 801.306 Summary denial of challenge by

hearing officer. 801.307 Notice of hearing. 801.308 Rights and duties of parties. 801.309 Continuance. 801.310 Hearing. 801.311 Powers of hearing officer. 801.312 Witnesses. 801.313 Subpena. 801.314 Evidence. 801.315 Decision. 801.316 Action after challenge 18 sustained. 801.317 Appeal.

Subpart E-Voting Complaint 801.501 Scope. 801.502 Making a complaint. 801.503 Processing a complaint.

AUTHORITY: The provisions of the Part 801 issued under secs. 7, 9, 79 Stat. 440; 42 U.S.O. 1973e, 1973g.

SOURCE: The provisions of this Part 801 appear at 30 F.R. 9859, Aug. 7, 1965, unless otherwise noted.

Subpart A-General Provisions $ 801.101 Definitions.

In this part:

(a) "Act" means the Voting Rights Act of 1965, Public Law 89-110.

(b) “Applicant" means a person who presents himself to an examiner at one of the times and places designated by the Commission under $801.202 for the purpose of being listed as eligible to vote;

(c) “Applications" means the form prescribed by the Commission under the Act for use by a person applying for listing on an eligibility list:

(d) "Commission" means the U.S. Civil Service Commission;

(e) "Day" means a calendar day:

(1) "Eligibility list" means a list of eligible voters or supplements to a list of

eligible voters, prepared by an examiner & 801.202 Times and places for filing under the Act;

and forms of application. (g) "Examiner" means a person desig

(a) The times and places designated nated or appointed by the Commission

by the Commission for filing an applicaunder the Act to examine applicants for

tion in each political subdivision, and listing on an eligibility list and to pre

the forms of application prescribed by pare and maintain lists of persons eligi

the Commission, shall be set out in Apble to vote in Federal, State, or local

pendix A to this part and incorporated elections;

in and made a part of this section. (h) “Hearing officer” means a person

(b) The Commission shall give notice authorized by the Commission to ad

to the general public of the times and judicate a challenge to a listing on an eligibility list;

places designated under paragraph (a)

of this section, to appropriate local elec(i) "Political subdivision", "vote", and "voting” have the meanings given these

tion officials in the political subdivision, terms in the Act; and

and to the attorney general of the State, (j) "Parties” means a challenger, a

by publication thereof in the FEDERAL challenged person, and the representa

REGISTER and by such other means as

it considers appropriate. tive of either.

APPENDIX A § 801.102 Timely filing required.

This appendix sets out the dates, times, and A document or other paper required to places designated by the Commission for be filed within a time limit specified in filing an application in each political subthis part shall be delivered to the office

division, and sets out the forms of applica

tion prescribed by the Commission. involved before the close of business on the last day of the period, or if filed by

DATES, TIMES, AND PLACES FOR FILING mail be postmarked before midnight of Offices at which applications may be filled the last day of the period.

will be open in each State in the county or

parish and at the place set forth in this § 801.103 Computation of time.

appendix beginning on the date specified

and continuing therafter until a closing In computing a period of time pre

date is given. Each office will be open Monscribed by this part, the day of the

day through Saturday (except on a legal action or event after which the desig holiday) between the hours of 8:30 a.m. nated period of time begins to run is and 4:30 p.m., except that the Commission not to be included. The last day of the

may change the hours and days on which any

office will be open for filing applications by period so computed is to be included

posting advance notice of the change at the unless it is a Saturday, Sunday, or legal place set forth in this appendix. holiday in the State involved, in which

ALABAMA event the period runs until the end of the next day which is neither a Satur County; Place for filing; Beginning date day, Sunday, nor a legal holiday.

Autauga; (1) Prattville-U.S. Post Office; § 801.104 Words denoting number and

November 8, 19 (2) Marbury-building adgender.

jacent to U.S. Post Office, intersection of

Main Street and State Highway 143; FebruIn this part:

ary 26, 1966. (a) Words importing the singular in

Choctaw; Butler-Post Office; May 31, 1966. clude and apply to several persons, par

Dallas; (1) Selma-Federal Building; Auties, or things;

gust 10, 1965; (2) Orrville-U.S. Post Omice,

State Highway 22; February 26, 1966 (b) Words importing the plural in

Elmore; (1) Wetumpka-U.S. Post Office; clude the singular; and

November 8, 1965; (2) Eclectic—traller at (c) Words importing the masculine U.S. Post Office; February 26, 1966; (3) Elgender include the feminine as well.

more-trailer at U.S. Post Office; February

26, 1966. Subpart B-Listing on Eligibility Greene; (1) Eutaw-US. Post Office; NoList

vember 8, 1965; (2) Boligee-trailer at U.S.

Post Office; March 8, 1966. $ 801.201 Scope.

Grenada; Grenada-Post Office Building:

July 22, 1966. This subpart prescribes the times,

Hale; (1) Greensboro Post Office Build. places, and procedures for listing on an

ing; August 10, 1965; (2) Moundville Tideligibility list under the Act.

more Building; February 26, 1.966.

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