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(b) An original and ten copies of such petitions shall be filed with the Clerk of the Commission and four copies thereof shall be served upon the Attorney General in the manner provided by § 503.3 but the vouchers covering payments referred to above need be filed only with the original petition. Upon receipt of such petitions, the Clerk shall mail two copies thereof to the Commissioner of Indian Affairs.

(c) Notice of filing of such petitions shall be given by the Clerk to the Attorney General, to the chief or other head officer of the plaintiff, if there be one, otherwise to the plaintiff in care of the agency superintendent under whose jurisdiction the plaintiff may be, to the Commissioner of Indian Affairs, to the attorney of record for plaintiff, and to such agency superintendent. The notice of application sent to the plaintiff shall be accompanied by a copy of the petition, or petitions, as the case may be, and the Commission may in its discretion, or for good cause shown, schedule a hearing on such petition, or petitions.

[33 FR 9236, June 21, 1968, as amended at 34 FR 6839, Apr. 24, 1969; 39 FR 10123, Mar. 18, 1974; 39 FR 41173, Nov. 25, 1974]

§ 503.35 Attorneys to register.

An attorney of record, on appearing in a case, shall register with the Clerk of the Commission his name and post office address or the designation as such and his post office address may be shown at the end of the petition.

§ 503.36 Attorney's death or incapacitation.

If the attorney of record dies or is incapacitated, a suggestion of his death or incapacity shall be made and a motion to substitute any other attorney shall be made by plaintiff or an attorney authorized by it.

§ 503.37 Attorney's qualification.

Any person of good moral character who has been admitted to practice in the Supreme Court of the United States or in any other Federal court, or in the highest court of any State or Territory, and is in good standing therein, may practice as an attorney before the Commission.

§ 503.38 Disbarment and suspension.

Where it is shown to the Commission that any member of the bar representing a party before the Commission has been disbarred or suspended from practice in the Supreme Court of the United States or in any other Federal court, or in any court of record of any State or Territory, he shall be forthwith suspended from practice before this Commission; and unless, upon notice mailed to him at the address shown in the Clerk's records and to the clerk of any of the courts mentioned in which he shall have been disbarred, or suspended, he shows good cause to the contrary within 30 days, he shall be barred from appearing before the Commission as attorney for any claimant.

§ 503.39 Clerk, docket and journal.

(a) The administrative officer of the Commission, unless one is otherwise designated, shall be the clerk who shall receive and file all pleadings, reports, orders, briefs, documents and other papers, and shall keep all records connected with all claims filed with the Commission. He shall also perform such other duties as the Commission may from time to time prescribe.

(b) The Clerk shall, after filing, promptly mail or deliver to the party not filing the same, the required number of copies of all pleadings, motions, briefs, notices, or other papers, not required to be served by a party, and shall note on the docket the date the same were so mailed or delivered.

(c) The Clerk shall be custodian of the seal of the Commission and shall affix the same to all papers, subpoenas, or instruments that he is now or may hereafter be required to sign or certify in his official capacity. He shall authenticate all papers where an authentication is required, under his hand and the seal of the Commission.

(d) It shall be the duty of the Clerk to keep an appearance docket in which there shall be separately entered the title of each claim, the names of the attorneys filing the same and the designated attorney of record; and there shall be entered thereon, on the date received, each pleading, motion, de

murrer, brief, and other paper filed in a cause. Following each entry showing the filing of paper required to be recorded in the Journal of the Commission, there shall be shown the volume number of the Journal, and the page thereof in which the paper is recorded.

(e) (1) The Clerk shall keep a journal in which shall be recorded in each cause all orders (except orders setting claims, motions and objections down for hearing, and orders changing time to plead, filing of proposed findings of fact and objections thereto, and briefs) made by the Commission or a Commissioner, the final determination of each claim, including the way each Commissioner voted thereon, but the Commission's findings of fact need not be recorded as part of an interlocutory or final order.

(2) The instrument or instruments by which employees of the Commission are designated by the Chairman for the purpose of administering oaths and examining witnesses shall be recorded in the journal.

(3) The journal shall be approved by the Commission, or any three members thereof.

§ 503.40 Seal.

The Commission shall have an official seal, around the border of which shall be the name: "Indian Claims Commission", and in the center shall be the words: "Official Seal".

§ 503.41 Copies.

There shall be filed with the Clerk of this Commission 10 printed copies of requested findings of fact, objections to requested findings of fact, and briefs by the respective parties, and there shall be filed with said Clerk an original and seven copies of all motions and pleadings which may be required or permitted to be filed by this Commission. In addition to the number of printed copies herein specified there shall be filed with the said Clerk one additional printed copy for each separately docketed claim which has been joined by consolidation, intervention, or otherwise in the matter to which said requested findings of fact, objections, briefs, motions, or pleadings relate. The foregoing rule

shall not apply to the General Services Administration Accounting Report of which the original copy shall be filed with the Clerk of this Commission.

§ 503.42 Method of citing.

These general rules of procedure shall be cited by the rule number following the decimal point, thereby omitting the prefix numbers “503".

PART 504-PUBLIC OBSERVATION OF COMMISSION MEETINGS; PROHIBITION OF EX PARTE COMMUNICATIONS RELEVANT TO MERITS OF PENDING COMMISSION PROCEEDINGS

Sec.

504.1 Scope and purpose.

504.2 Definitions.

504.3 Public observation of Commission hearings.

504.4 Public inspection of records in dockets.

504.5 Conduct of Commission business. 504.6 Public observation of meetings. 504.7 Closing of exempt meetings or portions thereof.

504.8 Procedure for announcing meetings. 504.9 Procedures for closing certain meetings or portions thereof.

504.10 Procedure for closing exempt meetings described in § 504.7(a)(2).

504.11 Chief Counsel's certification of closed meetings.

504.12 Maintenance of transcripts, recordings or minutes.

504.13 Annual report to Congress. 504.14 Ex Parte Communications.

AUTHORITY: 5 U.S.C. 552b(g), unless otherwise noted.

SOURCE: 42 FR 13823, Mar. 14, 1977, unless otherwise noted.

§ 504.1 Scope and purpose.

It is hereby declared to be the policy of the Indian Claims Commission that the public is entitled to the fullest practicable information regarding its decisionmaking processes. It is the purpose of this part to provide the public with such information while protecting the rights of individuals and the ability of the Indian Claims Commission to carry out its responsibilities.

(b) An original and ten copies of such petitions shall be filed with the Clerk of the Commission and four copies thereof shall be served upon the Attorney General in the manner provided by § 503.3 but the vouchers covering payments referred to above need be filed only with the original petition. Upon receipt of such petitions, the Clerk shall mail two copies thereof to the Commissioner of Indian Affairs.

(c) Notice of filing of such petitions shall be given by the Clerk to the Attorney General, to the chief or other head officer of the plaintiff, if there be one, otherwise to the plaintiff in care of the agency superintendent under whose jurisdiction the plaintiff may be, to the Commissioner of Indian Affairs, to the attorney of record for plaintiff, and to such agency superintendent. The notice of application sent to the plaintiff shall be accompanied by a copy of the petition, or petitions, as the case may be, and the Commission may in its discretion, or for good cause shown, schedule a hearing on such petition, or petitions.

[33 FR 9236, June 21, 1968, as amended at 34 FR 6839, Apr. 24, 1969; 39 FR 10123, Mar. 18, 1974; 39 FR 41173, Nov. 25, 1974]

§ 503.35 Attorneys to register.

An attorney of record, on appearing in a case, shall register with the Clerk of the Commission his name and post office address or the designation as such and his post office address may be shown at the end of the petition.

§ 503.36 Attorney's death or incapacitation.

If the attorney of record dies or is incapacitated, a suggestion of his death or incapacity shall be made and a motion to substitute any other attorney shall be made by plaintiff or an attorney authorized by it.

§ 503.37 Attorney's qualification.

Any person of good moral character who has been admitted to practice in the Supreme Court of the United States or in any other Federal court, or in the highest court of any State or Territory, and is in good standing therein, may practice as an attorney before the Commission.

§ 503.38 Disbarment and suspension.

Where it is shown to the Commission that any member of the bar representing a party before the Commission has been disbarred or suspended from practice in the Supreme Court of the United States or in any other Federal court, or in any court of record of any State or Territory, he shall be forthwith suspended from practice before this Commission; and unless, upon notice mailed to him at the address shown in the Clerk's records and to the clerk of any of the courts mentioned in which he shall have been disbarred, or suspended, he shows good cause to the contrary within 30 days, he shall be barred from appearing before the Commission as attorney for any claimant.

§ 503.39 Clerk, docket and journal.

(a) The administrative officer of the Commission, unless one is otherwise designated, shall be the clerk who shall receive and file all pleadings, reports, orders, briefs, documents and other papers, and shall keep all records connected with all claims filed with the Commission. He shall also perform such other duties as the Commission may from time to time prescribe.

(b) The Clerk shall, after filing, promptly mail or deliver to the party not filing the same, the required number of copies of all pleadings, motions, briefs, notices, or other papers, not required to be served by a party, and shall note on the docket the date the same were so mailed or delivered.

(c) The Clerk shall be custodian of the seal of the Commission and shall affix the same to all papers, subpoenas, or instruments that he is now or may hereafter be required to sign or certify in his official capacity. He shall authenticate all papers where an authentication is required, under his hand and the seal of the Commission.

(d) It shall be the duty of the Clerk to keep an appearance docket in which there shall be separately entered the title of each claim, the names of the attorneys filing the same and the designated attorney of record; and there shall be entered thereon, on the date received, each pleading, motion, de

murrer, brief, and other paper filed in a cause. Following each entry showing the filing of paper required to be recorded in the Journal of the Commission, there shall be shown the volume number of the Journal, and the page thereof in which the paper is recorded.

(e) (1) The Clerk shall keep a journal in which shall be recorded in each cause all orders (except orders setting claims, motions and objections down for hearing, and orders changing time to plead, filing of proposed findings of fact and objections thereto, and briefs) made by the Commission or a Commissioner, the final determination of each claim, including the way each Commissioner voted thereon, but the Commission's findings of fact need not be recorded as part of an interlocutory or final order.

(2) The instrument or instruments by which employees of the Commission are designated by the Chairman for the purpose of administering oaths and examining witnesses shall be recorded in the journal.

(3) The journal shall be approved by the Commission, or any three members thereof.

§ 503.40 Seal.

The Commission shall have an official seal, around the border of which shall be the name: "Indian Claims Commission", and in the center shall be the words: "Official Seal".

§ 503.41 Copies.

There shall be filed with the Clerk of this Commission 10 printed copies of requested findings of fact, objections to requested findings of fact, and briefs by the respective parties, and there shall be filed with said Clerk an original and seven copies of all motions and pleadings which may be required or permitted to be filed by this Commission. In addition to the number of printed copies herein specified there shall be filed with the said Clerk one additional printed copy for each separately docketed claim which has been joined by consolidation, intervention, or otherwise in the matter to which said requested findings of fact, objections, briefs, motions, or pleadings relate. The foregoing rule

shall not apply to the General Services Administration Accounting Report of which the original copy shall be filed with the Clerk of this Commission.

§ 503.42 Method of citing.

These general rules of procedure shall be cited by the rule number following the decimal point, thereby omitting the prefix numbers "503".

PART 504-PUBLIC OBSERVATION OF COMMISSION MEETINGS; PROHIBITION OF EX PARTE COMMUNICATIONS RELEVANT TO MERITS OF PENDING COMMISSION PROCEEDINGS

Sec.

504.1 Scope and purpose.

504.2 Definitions.

504.3 Public observation of Commission hearings.

504.4 Public inspection of records in dockets.

504.5 Conduct of Commission business. 504.6 Public observation of meetings. 504.7 Closing of exempt meetings or portions thereof.

504.8 Procedure for announcing meetings. 504.9 Procedures for closing certain meetings or portions thereof.

504.10 Procedure for closing exempt meetings described in § 504.7(a)(2).

504.11 Chief Counsel's certification of closed meetings.

504.12 Maintenance of transcripts, recordings or minutes.

504.13 Annual report to Congress. 504.14 Ex Parte Communications.

AUTHORITY: 5 U.S.C. 552b(g), unless otherwise noted.

SOURCE: 42 FR 13823, Mar. 14, 1977, unless otherwise noted.

§ 504.1 Scope and purpose.

It is hereby declared to be the policy of the Indian Claims Commission that the public is entitled to the fullest practicable information regarding its decisionmaking processes. It is the purpose of this part to provide the public with such information while protecting the rights of individuals and the ability of the Indian Claims Commission to carry out its responsibilities.

§ 504.2 Definitions.

For purposes of this part,

(a) "Commission" means the Indian Claims Commission, which is a collegial body composed of five members appointed by the President with the advice and consent of the Senate. The President designates one member as Chairman.

a

(b) "Commissioner" means member of the Commission, including the Chairman.

(c) "Meeting" means the deliberations of at least three Commissioners where such deliberations determine or result in the joint conduct or disposition of the Commission's business, but does not include deliberations required or permitted by §§ 504.8 and 504.9.

(d) "Earliest practicable time" means as soon as possible, including after the commencement of the meeting or portion thereof in question.

§ 504.3 Public observation of Commission hearings.

All hearings before the Commission shall be open to public observation. (Sec. 9, 60 Stat. 1051 (25 U.S.C. 70h).)

§ 504.4 Public inspection of records in dockets.

The complete record in each docket before the Commission shall be available for public inspection at the office of the Clerk of the Commission between 8:00 a.m. and 4:00 p.m. on normal Federal business days. (Sec. 8, 60 Stat. 1051 (25 U.S.C. 70g).)

§ 504.5 Conduct of Commission business. Commissioners shall not jointly conduct or dispose of Commission business other than in accordance with this part.

§ 504.6 Public observation of meetings.

Every portion of every Commission meeting shall, except as otherwise provided in § 504.7, be open to public observation.

§ 504.7 Closing of exempt meetings or portions thereof.

(a) Notwithstanding the requirements of § 504.6, the Commission's

meetings may be closed to the public, and information concerning said meetings may be withheld from the public, when the Commission determines that the meeting is likely to:

(1) Relate solely to the internal personnel rules and practices of the Commission, or

(2) Concern the Commission's participation in a civil action or proceeding, or the conduct or disposition by the Commission of a particular case of formal adjudication involving a determination on the record after the opportunity for a hearing under § 503.22 of this chapter (section 22 of the Commission's general rules of procedure),

or

(3) Involve any deliberations which fall within the exemptions contained in 5 U.S.C. 552b (c)(1) or (c)(3) through (c)(9).

(b) Notwithstanding the exemptions provided in paragraph (a) of this section, the Commission shall consider in each separate instance whether the public interest nevertheless requires that the meeting be open.

§ 504.8 Procedure for announcing meetings.

(a) Except with respect to meetings or positions thereof which may be closed to public observation under § 504.7(a)(2), announcement of which is described in § 504.10(d), the Commission shall publicly announce its meetings as described in paragraphs (b), (c), (d), and (e) of this section.

(b) The Commission shall issue a public notice at least ten (10) days before each Commission meeting which notice shall (1) state the date, time, and place of the meeting, (2) list the subjects or agenda items to be discussed at such meeting, (3) state whether the meeting is to be open or closed to public observation, and (4) give the name and business telephone number of the Executive Director of the Commission to whom requests for information about the meeting should be directed. In the event that a majority of the full membership of the Commission determined by a recorded vote that Commission business requires that a meeting be held within ten (10) days of such determination, the public

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