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