Any person may bring to the attention of the Commission a grievance which he believes falls within the jurisdiction of the Commission, as set forth in section 104 of the Act. This shall be done by submitting a complaint in writing to Office of General Counsel, U.S. Commission on Civil Rights, Washington, D.C. 20425. Allegations falling under section 104 (a) (1) and (5) of the Act (discrimination or fraud in voting) must be under oath or affirmation. All complaints should set forth the pertinent facts upon which the complaint is based, including but not limited to specification of (a) names and titles of officials or other persons involved in acts forming the basis for the complaint; (b) accurate designations of place locations involved; (c) dates of events described in the complaint.

[34 F.R. 7577, May 10, 1969]

(a) By the provisions of section 102(g) of the Act, no evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission, and any person who releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000 or imprisoned for not more than 1 year.

(b) Unless a matter of public record, all information or documents obtained or prepared by any Member, officer, or employee of the Commission, including members of State Advisory Committees, in the course of his official duties, or by virtue of his official status, shall not be disclosed or used by such person for any purpose except in the performance of his official duties.

(c) Any Member, officer, or employee of the Commission including members of State Advisory Committees, who is served with a subpena, order, or other demand requiring the disclosure of such information or the production of such documents shall appear in response to such subpena, order, or other demand and, unless otherwise directed by the Commission, shall respectfully decline to disclose the information or produce the documents called for, basing his refusal upon this section. Any such person who is served with such a subpena, order, or other demand shall promptly advise the Commission of the service of such subpena, order, or other demand, the nature of the information or documents sought, and any circumstances which may bear upon the desirability of making available such information or documents.

§ 705.735-1

Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the U.S. Commission on Civil Rights (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101-735.102, 735.201a, 735.202 (a), (d), (e), (f)-735.210, 735.302, 735.303 (a), 735.304, 735.305(a), 735.404-735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

705.735-2 Statements of employment

and financial interests.

(a) Employees of the Commission in he following named positions are reired to submit statements of employent and financial interests:

.- (1) The Staff Director.

(2) The Deputy Staff Director.

(3) The Office Heads.

(4) The Executive Officer of the Comission.

(5) Special Assistants to the Staff Diector.

(b) A statement of employment and nancial interests is not required under his part from Members of the CommisDion. Members of the Commission are ubject to 3 CFR 100.735.31 and are reuired to file a statement only if reuested to do so by the Counsel to the President.

(c) Notwithstanding the filing of the nnual supplementary statement required by 5 CFR 735.406, each employee Chall at all times avoid acquiring a financial interest that could result, or taking in action that would result, in a violasion of the conflict-of-interest provisions of section 208 of Title 18, United States Code or the regulations in this part or adopted under § 705.735-1.

[32 F.R. 14589, Oct. 20, 1967, as amended at 34 F.R. 7577, May 10, 1969]

§ 705.735-3 Employee's complaint on filing requirement.

Any employee who thinks that his position has been improperly included under these regulations as one requiring the submission of a statement of employment and financial interest shall have the opportunity for review of his complaint through the Commission's grievance procedure.

§ 705.735-4 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be submitted to and reviewed by the General Counsel, except that the statement of the General Counsel shall be submitted to and reviewed by the Staff Director. When a review indicates a conflict between the interests of an employee or special Government employee of the Commission and the performance of his services for the Government, the reviewing official shall have the indicated conflict brought to the attention of the employee, grant the employee or special Government employee

an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If, in the case of a statement (other than a statement of the Staff Director) reviewed by the General Counsel, the indicated conflict cannot be resolved, the General Counsel shall forward a written report on the indicated conflict to the Staff Director through the Counselor for the Commission designated under 5 CFR 735.105(a). Should a conflict be indicated in a statement of the Staff Director or the General Counsel, and the conflict cannot be resolved, the reviewing official shall forward a written report on the indicated conflict to the Chairman of the Commission. § 705.735-5 Disciplinary and other remedial action.

An employee or special Government employee of the Commission who violates any of the regulations in this part or adopted under § 705.735-1 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 705.735-6 Gifts, entertainment, and favors.

The Commission authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)–(4).

§ 705.735-7 Outside employment and other activity.

An employee of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilties of his Government employment. An employee who wishes to engage in outside employment shall first obtain the approval, in writing, of the Staff Director or his designee.

§ 705.735-8 Miscellaneous statutory provisions.

All employees and special Government employees of the Commission are subject to the prohibition on disclosure of evidence taken in executive session con

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 Commission 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.

Sec.

Subpart D-Removals From Eligibility List

801.401 Scope.

801.402

Bases for removals.

801.403

Procedure for removals determined by examiners.

801.404 Notification of removals.

Subpart E-Voting Complaint

801.501 Scope.

801.502 Making a complaint.

801.503 Processing a complaint.

AUTHORITY: The provisions of this Part 801 issued under secs. 7, 9, 79 Stat. 440; 42 U.S.C. 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
Definitions.

§ 801.101

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

eligible voters, prepared by an examiner under the Act;

(g) "Examiner" means a person designated or appointed by the Commission under the Act to examine applicants for listing on an eligibility list and to prepare and maintain lists of persons eligible to vote in Federal, State, or local elections;

(h) "Hearing officer" means a person authorized by the Commission to adjudicate a challenge to a listing on an eligibility list;

(i) "Political subdivision", "vote", and "voting" have the meanings given these terms in the Act; and

(j) "Parties" means a challenger, a challenged person, and the representative of either.

§ 801.102 Timely filing required.

A document or other paper required to be filed within a time limit specified in this part shall be delivered to the office involved before the close of business on the last day of the period, or if filed by mail be postmarked before midnight of the last day of the period.

§ 801.103 Computation of time.

In computing a period of time prescribed by this part, the day of the action or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday in the State involved, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday.

§ 801.104 Words denoting number and gender.

§ 801.202 Times and places for filing and forms of application.

(a) The times and places designated by the Commission for filing an application in each political subdivision, and the forms of application prescribed by the Commission, shall be set out in Appendix A to this part and incorporated in and made a part of this section.

(b) The Commission shall give notice to the general public of the times and places designated under paragraph (a) of this section, to appropriate local election officials in the political subdivision, and to the attorney general of the State, by publication thereof in the FEDERAL REGISTER and by such other means as it considers appropriate.

APPENDIX A

This appendix sets out the dates, times, and places designated by the Commission for filing an application in each political subdivision, and sets out the forms of application prescribed by the Commission.

DATES, TIMES, AND PLACES FOR FILING Offices at which applications may be filed will be open in each State in the county or parish and at the place set forth in this appendix beginning on the date specified and continuing therafter until a closing date is given. Each office will be open Monday through Saturday (except on a legal holiday) between the hours of 8:30 am. and 4:30 p.m., except that the Commission may change the hours and days on which any office will be open for filing applications by posting advance notice of the change at the place set forth in this appendix.

ALABAMA

County; Place for filing; Beginning date

Autauga; (1) Prattville-U.S. Post Office: November 8, 1965; (2) Marbury-building adjacent to U.S. Post Office, intersection of Main Street and State Highway 143; February 26, 1966.

Choctaw; Butler-Post Office; May 31, 1966. Dallas; (1) Selma-Federal Building; August 10, 1965; (2) Orrville-U.S. Post Office, State Highway 22; February 26, 1966

Elmore; (1) Wetumpka-U.S. Post Office; November 8, 1965; (2) Eclectic-trailer at U.S. Post Office; February 26, 1966; (8) Elmore-trailer at U.S. Post Office; February 26, 1966.

Greene; (1) Eutaw-U.S. Post Office; November 8, 1965; (2) Boligee-trailer at U.S. Post Office; March 8, 1966.

Grenada; Grenada-Post Office Building: July 22, 1966.

Hale; (1) Greensboro-Post Office Building; August 10, 1965; (2) Moundville-Tidmore Building; February 26, 1966.