§ 701.1

GENERAL

Hearings; issuance of subpenas. Under section 105(f) of Public Law 85-315 (71 Stat. 636; 45 U.S.C. 1975d (f)), the Commission on Civil Rights may hold hearings and issue subpenas or authorize a subcommittee to hold hearings and issue subpenas under the following conditions: The Commission, or on the authorization of the Commission any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpenas for the attendance and testimony of witnesses or

the production of written or other matter may be issued in accordance with the rules of the Commission as contained in §§ 701.20 and 701.21, over the signature of the Chairman of the Commission or of such subcommittee, and may be served by designated by such person

any Chairman. § 701.2

Aid of courts in enforcing subpenas.

Section 105(g) of Public Law 85-315 (71 Stat. 636; 42 U.S.C. 1975 (g)), provides that in case of contumacy or refusal to obey a subpena, any district court of the United States or the United States court of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

sarily occupied in going to and returning from the same, and 8 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $12 per day for expenses of subsistence, including the time necessarily occupied in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of subpena issued on behalf of the Commission or any subcommittee thereof.

§ 701.21 Restriction on issuance of sub

pena.

The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a hearing to be held outside of the State, wherein the witness is found or resides or transacts business. SUPPLEMENTARY RULES OF PROCEDURE § 701.25 Incorporation of statutory rules.

All the provisions of section 102 of Public Law 85-315, incorporated in §§ 701.11 to 701.21, shall be applicable to and govern the proceedings of all subcommittees appointed by the Commission pursuant to section 105 (f) of Public Law 85-315, incorporated in § 701.1. § 701.26 Number of Commissioners.

At least two members of the Commission must be present at any hearing of the Commission or of any subcommittee thereof.

§ 701.27 Approval of hearings.

The holding of hearings by the Commission, or the appointment of a subcommittee to hold hearings pursuant to the provisions of § 701.1, must be approved by a majority of the members of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

§ 701.28 Form of subpenas.

Subpenas for the attendance and testimony of witnesses or the production of written or other matter shall be issued over the signature of the Chairman of the Commission or the Chairman of a subcommittee.