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shall not apply to the General Services Administration Accounting Report of which the original copy shall be filed with the Clerk of this Commission.
8 503.42 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”.
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.
PART 504_PUBLIC OBSERVATION OF
COMMISSION MEETINGS; PROHIBITION OF EX PARTE COMMUNICATIONS RELEVANT TO MERITS OF PE DING COMMISSION PROCEEDINGS
$ 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”.
Sec. 504.1 Scope and purpose. 504.2 Definitions. 504.3 Public observation of Commission
hearings. 504.4 Public inspection of records in dock
ets. 504.5 Conduct of Commission business. 504.6 Public observation of meetings. 504.7 Closing of exempt meetings or por
tions thereof. 504.8 Procedure for announcing meetings. 504.9 Procedures for closing certain meet
ings or portions thereof. 504.10 Procedure for closing exempt meet
ings described in $ 504.7(a)(2). 504.11 Chief Counsel's certification of
closed meetings. 504.12 Maintenance of transcripts, record
ings 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.
$ 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
$ 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 ar ed by the President with the advice and consent of the Senate. The President designates one member as Chairman.
(b) “Commissioner" means a 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.
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),
(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.
$ 504.3 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.
$ 504.8 Procedure for announcing meet
ings. (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
$ 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 por
tions thereof. (a) Notwithstanding the requirements of $ 504.6, the Commission's
notice described in the immediately action by the Commission to close any preceding sentence shall be issued at meeting or portion thereof shall be the earliest practicable time.
governed by the procedures described (c) The date, time or place of a Com- in paragraphs (b), (c), and (d) of this mission meeting may be changed after section. issuance of the public notice described (b) Action to close a meeting or any in paragraph (b) of this section only if portion thereof pursuant to parathe Commission gives public notice of graphs (a)(1) or (a)(3) of $ 504.7 shall any such change at the earliest practi- be taken only when a majority of the cable time. Subjects or agenda items full membership of the Commission to be discussed at a meeting or deter- vote to do so. A separate vote of the minations by the Commission to open Commissioners shall be taken with reor close a meeting, or a portion of a spect to each meeting a portion or pormeeting, to the public, after issuance tions of which are so proposed to be of the public notice described in para- closed to public observation or with regraph (b) of this section may be spect to any information which is prochanged only if (1) a majority of the posed to be so withheld. A single vote full membership of the Commission may be taken with respect to a series determine by a recorded vote that of meetings, a portion or portions of Commission business so requires and which are proposed to be closed to that no earlier public notice of the public observation, or with respect to change or changes was possible, and
any information concerning such (2) the Commission gives public notice series of meetings, so long as each of the change and the vote of each meeting in such series involves the Commissioner upon such change or same particular matters and is schedchanges at the earliest practicable uled to be held no more than thirty time.
(30) days after the initial meeting in (d) Immediately following the issu- the series. Each meeting in the series ance of each public notice described in shall be subject to the requirements as paragraphs (b) and (c) of this section, to notice to the public described in notice of the date, time, place, subjects $ 504.8. For each vote taken under this or agenda items, whether the meeting paragraph, the vote of each participator any portions thereof will be open or ing Commissioner will be recorded and closed to public observation, any no proxies will be allowed. change in any of the preceding facts, (c) Whenever any person whose inand the name and business telephone terests may be directly affected by a number of the Executive Director of
portion of a meeting requests that the the Commission, shall be submitted Commission close such portion to for publication in the FEDERAL REGIS
public observation for any of the reaTER.
sons referred to in paragraphs (5), (6), (e) The Commission shall also or (7) of 5 U.S.C. 552b(c), any one promptly post all public notices de- Commissioner may request that a rescribed in paragraphs (b) and (c) of corded vote of the Commissioners be this section on a bulletin board main- taken to close such meeting. tained for this purpose at the offices (d) Within one day of any vote taken of the Commission and shall mail pursuant to paragraphs (b) or (c) of copies to those who request that the this $ 504.9, the Executive Director of Commission's Executive Director place the Commission shall make available their names on the Commission's gen- to the public a written copy thereof eral mailing list.
showing the vote of each Commission
er. If all or a portion of the meeting is $ 504.9 Procedures for closing certain
to be closed to public observation, the meetings or portions thereof.
Executive Director shall, within one (a) Except with respect to meetings day of the vote taken pursuant to or portions thereof which may be paragraphs (b) or (c) of this section, closed to public observation under make available to the public a full $ 504.7(a)(2), with respect to which the written explanation of the Commisprocedure described in $ 504.10 applies, sion's action closing the meeting or
maintained for this purpose at the of. fices of the Commission.
portion thereof, together with a list of all persons who are to attend the meeting and their affiliation. This information shall be made available in the same manner as described in paragraph (e) of $ 504.8 to the extent that it is not exempt from disclosure under $ 504.7.
8 504.11 Chief Counsel's certification of
closed meetings. For every meeting closed pursuant to $ 504.7, the Chief Counsel of the Commission shall, before the commencement of the meeting, publicly certify that the meeting may be closed to the public and shall state which exemptions as set out in 5 U.S.C. 552b(c) are applicable. Absent such certification, the meeting may not be closed to the public. A copy of this certification, together with a statement from the presiding Commissioner setting forth the date, time, and place of the meeting, and the persons present shall be retained by the Commission.
$ 504.10 Procedure for closing exempt
meetings described in § 504.7(a)(2). (a) The Commission purposes are exclusively adjudicatory. They consist of trying claims permitted to be filed on behalf of Indian tribes, bands, and groups against the United States pursuant to section 2 of the Indian Claims Commission Act, 60 Stat. 1050 (25 U.S.C. 70a). The Commission has no regulatory or rulemaking functions, nor is it charged with administering any substantive legislation. To protect the integrity of its adjudicatory deliberations, Commission meetings have historically been closed to public observation. For these reasons the Commission has determined that a majority of its meetings may properly be closed to public observation pursuant to $ 504.7(a)(2).
(b) In the case of any meeting, or portion thereof, which may be closed to public observation for the reasons described in paragraph (a) of this section, the Commission shall, be a recorded vote at the beginning of said meeting or portion thereof, vote on whether to close the meeting or portion thereof. If a majority of the full membership of the Commission vote to close the meeting or portion thereof, it shall be so closed. A copy of the vote, reflecting the vote of each commissioner on the question, shall be made available to the public.
(c) In the case of meetings or portions thereof to which this section applies, the provisions of $$ 504.8 and 504.9 shall not apply.
(d) Except to the extent that such information is exempt from disclosure under $ 504.7, public announcement of the date, time, place, and subject matters and agenda items of a meeting, or portion thereof, to which this § 504.10 applies, shall be posted at the earliest practicable time on the bulletin board
8 504.12 Maintenance of transcripts, re
cordings, or minutes. (a) The Commission shall maintain a complete transcript, or electronic recording, adequate to record fully the proceedings, of each meeting or portion of a meeting closed to the public, except that in the case of a meeting or portion thereof closed to the public under $ 504.7(a)(2), the Commission may instead maintain a set of minutes.
(b) The minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any action taken, and the reasons, including a description of each of the views expressed on any items and the record of any roll call vote, reflecting the vote of each commissioner on the question. All documents considered in connection with any action shall be identified in the minutes.
(c) The Commission shall make promptly available to the public in the office of the Executive Director of the Commission, the transcript, electronic recording, or minutes of the discussion of any item on the agenda, except for those items or discussion which the Commission determines to contain information which may be withheld under $ 504.7.
(d) Subject to the exemptions in § 504.7, copies of the transcript, minutes, or the transcription of a recording disclosing the identity of each
speaker, will be furnished to any Counsel, staff attorney, or other emperson at the actual cost of duplica- ployee of the Commission, an ex parte tion or transcription.
communication relevant to the merits (e) The Chief Counsel shall be re- of any proceeding before the Commissponsible for determining what infor- sion. mation may be withheld and what (b) No Commissioner, Chief Counsel, standards are to be applied in making staff attorney, or other employee of that determination. Should an individ
the Commission shall make or knowual be denied access to information by ingly cause to be made to any person a decision of the chief counsel, that in- outside the Commission, an ex parte dividual may file a written appeal with
communication relevant to the merits the Commission. The Commission
of any proceeding before the Commisshall issue an order granting or deny.
sion. ing the petitioner's appeal. No hearing will be permitted under this appeal.
(c) Any Commissioner, Chief Coun
sel, staff attorney, or other employee (Sec. 9, 60 Stat. 1051 (25 U.S.C. 70h).)
of the Commission who receives, or (f) The Commission shall maintain a complete verbatim copy of the tran
who makes or knowingly causes to be script, a complete copy of the minutes,
made a communication prohibited by or a complete electronic recording of
this section, shall place on the public each meeting, or portion thereof,
record of the proceeding: closed to the public, for at least two
(1) All such written communications; years after the meeting, or until one (2) Memoranda stating the subyear after the conclusion of any Com- stance of all such oral communicamission proceeding with respect to tions; and which the meeting or portion thereof, (3) All written responses, and memowas held, whichever occurs later.
randa stating the substance of all oral
responses, to such communications. $ 504.13 Annual report to Congress.
(d) Upon receipt of communication The Commission shall annually knowingly made or knowingly caused report to Congress regarding its com
to be made by a party to the proceedpliance with the Government in the ing, or by counsel, in violation of this Sunshine Act, 5 U.S.C. 552b. The section, the Commission may, to the report must include a tabulation of extent consistent with the interests of the total number of Commission meet- justice, require the offending party to ings open to the public, the total show cause why its claim or interest in number of meetings closed to the the proceeding should not be dispublic, the reasons for closing the missed, denied, or otherwise adversely meetings, and a description of any liti- affected on account of such violation. gation brought against the Commis
(e) A request for a status report on sion under the Act, including any costs
any matter currently before the Comassessed against the Commission in
mission is not an ex parte communicasuch litigation.
tion within the meaning of this sec$ 504.14 Ex parte communications.
tion. Questions regarding the status of
a case shall be directed to the Clerk of (a) No person outside the Commis
the Commission. sion shall make or knowingly cause to be made to any Commissioner, Chief (Sec. 9, 60 Stat. 1501 (25 U.S.C. 70h).)