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whom may be of the same political the Chairman may cancel such meetparty. Four members are appointed by ing. the President: Two members are ap pointed by the President pro tempore $701.12 Staff Director. of the Senate and two members are ap A Staff Director for the Commission pointed by the Speaker of the House of
is appointed by the President with the Representatives.
concurrence of a majority of the Com(b) The Chairman and Vice Chairman
missioners. The Staff Director is the of the Commission are designated by Chief Executive Officer of the agency. the President with the concurrence of a majority of the Commission's mem- 8701.13 Staff organization and funcbers. The Vice Chairman acts as Chair
tions. man in the absence or disability of the
The Commission staff organization Chairman or in the event of a vacancy
and function are as follows: in that office. (c) No vacancy in the Commission af
(a) Office of the Staff Director. Under fects its powers and any vacancy is
the direction of the Staff Director, this filled in the same manner and is sub
Office defines and disseminates to ject to the same limitations with re
staff, policies established by the Comspect to party affiliations as previous
missioners; develops program plans for appointments.
presentation to the Commissioners; (d) Five members of the Commission
evaluates program results; supervises constitute a quorum.
and coordinates the work of other
agency offices; manages the adminis$701.11 Commission meetings-duties trative affairs of the agency and conof the Chairman.
ducts agency liaison with the Execu(a) At a meeting of the Commission
tive Office of the President, the Conin each calendar year, the Commission
gress and other Federal agencies. shall, by vote of the majority, adopt a
(b) Office of the Deputy Staff Director. schedule of Commission meetings for
Under the direction of the Deputy Staff the following calendar year.
Director, this Office is responsible for (b) In addition to the regularly sched
the day-to-day administration of the uled meetings, it is the responsibility
agency; evaluation of quantity and of the Chairman to call the Commis
quality of program efforts; personnel sion to meet in a special open meeting
administration and the supervision of at such time and place as he or she Office Directors who do not report dishall deem appropriate; provided how
rectly to the Staff Director. Units reever, that upon the motion of a mem
porting directly to the Office of Deputy ber, and a favorable vote by a majority Staff Director are: of Commission members, a special (1) Equal Employment Opportunity meeting of the Commission may be
Unit. Under the direction of the Equal held in the absence of a call by the Employment Opportunity Officer, this Chairman.
Unit is responsible for the conduct of (c) The Chairman, after consulting the agency's inhouse Equal Employwith the Staff Director, shall establish ment Opportunity Program. the agenda for each meeting; provided (2) Solicitor's Office. Under the direchowever, that at the meeting of the tion of the Solicitor, this Office is reCommission such agenda may be modi- sponsible for administrative law matfied by the addition or deletion of spe ters, including contracts, openness in cific items pursuant to the motion of a government and government ethics, member and a favorable vote by a ma and the legal aspects of personnel, and jority of the members.
labor relations issues. (d) In the event that after consulting (3) Planning and Coordination Unit. with the members of the Commission Under its Director, this unit is responand consideration of the views of the sible for: coordinating the presentation members, the Chairman determines of project proposals and coordinating that there are insufficient substantive the assignment of resources to apitems on a proposed meeting agenda to proved projects: developing goals and warrant holding a scheduled meeting, priorities for projects and evaluating their implementation and coordinating (g) Office of Research. Under the diperiodic program reports.
rection of an Assistant Staff Director, (c) Office of the General Counsel. this Office is responsible for: conductUnder the direction of the General ing or stimulating studies to advance Counsel, who reports directly to the basic knowledge of the extent, causes Staff Director, this Office serves as and consequences of civil rights denilegal counsel to the Commissioners and als; preparing monographs dealing with to the agency; plans and conducts hear subjects which are current national ings and consultations for the Commis- civil rights issues; monitoring, plansion; conducts legal studies; prepares ning and conducting consultations on reports of legal studies and hearings; the civil rights implications of Federal drafts or review proposals for legisla- programs and policies and current civil tive and executive action and reviews rights issues. all agency publications and congres- (h) Office of Congressional and Public sional testimony for legal sufficiency. Affairs. Under the direction of an As
(d) Office of Program and Policy. Under sistant Staff Director, this Office is rethe direction of an Assistant Staff Di sponsible for liaison with the news rector, who reports directly to the media and the preparation of periodical Staff Director, this Office is respon- publications on civil rights issues; liaisible for the development of concepts son with committees and members of for programs, projects and policies di- Congress, monitoring legislative acrected toward the achievement of Com tivities relating to civil rights and premission goals; program management paring testimony for presentation beand the preparation of the publication fore committees of Congress when such New Perspectives.
testimony has been requested by a (e) Office of Management. Under the committee; planning and managing direction of an Assistant Staff Direc- conferences at which the Commission tor, this Office is responsible for all ad- receives information regarding civil ministrative, management and facilita- rights issues; establishing and maintive services necessary for the efficient taining liaison with government and operation of the agency, including fi- private civil rights agencies; representnancial management, personnel, publi- ing the Commission at government and cations and the National Clearing private organization conferences and House Library.
conventions; managing the Commis(1) Office of Federal Civil Rights Eval- sions consumer affairs program. uation. Under the direction of an As (1) Office of Regional Programs. Under sistant Staff Director, this Office is re- the direction of an Assistant Staff Disponsible for: monitoring, evaluating rector, this Office is responsible for: and reporting on the civil rights en Directing and coordinating the proforcement effort of the Federal Govern grams and work of the regional offices ment; preparing documents which ar and State Advisory Committees to the ticulate the Commission's views and Commission on Civil Rights and mainconcerns regarding Federal civil rights taining liaison between the regional ofto Federal agencies having appropriate fices and the various headquarters ofjurisdiction.
fices of the Commission.
(j) Regional Offices. The addresses of PART 702-RULES ON HEARINGS, the Regional Offices of the Commission REPORTS AND MEETINGS OF THE and the States which they serve are: COMMISSION Region I: New England Regional Office, 55
Summer Street, Eighth Floor, Boston, Subpart A-Hearings and Reports
702.1 Definitions. Hampshire, Rhode Island, and Vermont
702.2 Authorization for hearing. Region II: Eastern Regional Office, Jacob K. 702.3 Notice of hearing.
Javits Building, 28 Federal Plaza, Room 702.4 Subpenas.
1639, New York, NY 10278, (212) 264-0400 702.5 Conduct of proceedings. New Jersey and New York
702.6 Executive session. Region II: Mid-Atlantic Regional Office,
702.8 Evidence at Commission proceedings. 2120 L Street NW., Room 510, Washington, DC 20037, (202) 254-67177
702.9 Cross-examination at public session.
702.10 Voluntary witnesses at public session Delaware, District of Columbia, Maryland,
of a hearing. Pennsylvania, Virginia, and West Vir
702.11 Special executive session. ginia
702.12 Contempt of the Commission. Region IV: Southern Regional Office, Citi 702.13 Intimidation of witnesses.
zens Trust Bank Building, 75 Piedmont 702.14 Transcript of Commission proceedAvenue NE., Room 362, Atlanta, Georgia ings. 30303, (404) 221-4391
702.15 Witness fees. Alabama, Florida, Georgia, Kentucky, Mis 702.16 Attendance of news media at public
sissippi, North Carolina, South Carolina, sessions. and Tennessee
702.17 Communications with respect to Region V: Midwestern Regional Office, 230
Commission proceedings. South Dearborn Street, 32nd Floor, Chi
702.18 Commission reports. cago, Illinois 60604, (312) 353-7371
702.50 Purpose and scope. Region VI: Southwestern Regional Office,
702.51 Definitions. Heritage Plaza, 418 South Main, First
702.52 Open meeting requirements. Floor, San Antonio, Texas 78204, (512)
702.53 Closed meetings. 29_5570
702.54 Closed meeting procedures. Arkansas, Louisiana, Oklahoma, Texas,
702.55 Public announcement of meetings.
702.56 Records. and New Mexico
702.57 Administrative review. Region VII: Central States Regional Office,
911 Walnut Street, Room 3103, Kansas City, Missouri 64106, (816) 374-5253
Subpart A-Hearings and Reports Iowa, Kansas, Missouri, and Nebraska
AUTHORITY: Secs. 101-106, 71 Stat. 634-636, Region VIII: Rocky Mountain Regional Of
as amended; 42 U.S.C. 1975–1975e; Pub. L. 94— fice, The Executive Tower Building, 1405
409, 90 Stat. 1241. Curtis Street, Suite 2950, Denver, Colorado 80202, (303) 844-2211
SOURCE: 32 FR 4063, Mar. 15, 1967, unless Colorado, Montana, North Dakota, South
otherwise noted. Designated Subpart A at 42 Dakota, Utah, and Wyoming
FR 14108, Mar. 15, 1977. Region LX: Western Regional Office, 3660
8702.1 Definitions. Wilshire Boulevard, Suite 810, Los Angeles, California 90010, (213) 688-3437
For purposes of the following Rules Arizona, California, Hawaii, and Nevada
on Hearings of the United States ComRegion X: Northwestern Regional Office, 915
mission on Civil Rights, the following Second Avenue, Room 2854, Seattle,
definitions shall apply, unless otherWashington 98174, (206) 442-1246
wise provided: Alaska, Idaho, Oregon, and Washington.
(a) The Act shall refer to the Civil Rights Act of 1957, 71 Stat. 634, as amended.
(b) The Commission shall refer to the United States Commission on Civil Rights or, as provided in 8702.2, to any authorized subcommittee thereof.
(c) The Chairman shall refer to the mence, the place at which it is to be Chairman of the Commission or au- held, and the subject of the hearing. thorized subcommittee thereof or to any acting Chairman of the Commis 8702.4 Subpenas. sion or of such subcommittee.
(a) Subpenas for the attendance and (d) Proceeding shall refer collectively
testimony of witnesses or the producto any public session of the Commis
tion of written or other matter may be sion and any executive session held in
issued by the Commission over the sigconnection therewith.
nature of the Chairman and may be (e) Hearing shall refer collectively to
served by any person designated by the a public session of the Commission and
Chairman. any executive session held in connection therewith, but shall not include a
(b) A witness compelled to appear be
fore the Commission or required to session held for the sole purpose of receiving subpenaed documents.
produce written or other matter shall (f) The rules in this part shall refer to
be served with a copy of the rules in
this part at the time of service of the the Rules on Hearings of the Commission.
subpena. (8) Report refers to statutory reports
(c) The Commission shall not issue or portions thereof issued pursuant to
any subpena for the attendance and Section 104(c) of the Civil Rights Act of
testimony of witnesses or for the pro1957, as amended.
duction of written or other matter (h) Verified answer refers to an answer
which would require the presence of the truth of which is substantiated by
the party subpenaed at a place outside oath or affirmation attested to by a no
the State wherein the witness is found tary public or other person who has
or resides or is domiciled or transacts legal authority to administer oaths.
business, or has appointed an agent for
receipt of service of process except (32 FR 4063, Mar. 15, 1967, as amended at 36
that, in any event, the Commission FR 5702, Mar. 27, 1971. Designated at 42 FR
may issue subpenas for the attendance 14108, Mar. 15, 1977, and further amended at 44 FR 75149, Dec. 19, 1979)
and testimony of witnesses and the
production of written or other matter 8702.2 Authorization for hearing.
at a place within 50 miles of the place Under section 105(1) of the Act the
where the witness is found or resides or
is domiciled or transacts business or Commission or, on the authorization of the Commission, any subcommittee of
has appointed an agent for receipt of two or more members, at least one of
service of process. whom shall be of each major political
(d) The Chairman shall receive and party, may, for the purpose of carrying
the Commission shall dispose of reout the provisions of the Act, hold such
quests to subpena additional witnesses hearings and act at such times and
except as otherwise provided in places as the Commission or such au
$ 702.6(e). thorized subcommittee may deem ad (e) Requests for subpena shall be in visable; and the holding of hearings by writing, supported by a showing of the the Commission or the appointment of general relevance and materiality of a subcommittee to hold hearings pur the evidence sought. Witness fees and suant to this section must be approved mileage, computed pursuant to 8702.15, by a majority of the Commission, or by shall be paid by the person at whose ina majority of the members present at a stance a witness is subpenaed. meeting at which at least a quorum of (1) Subpenas shall be issued at a reafour members is present.
sonably sufficient time in advance of
their scheduled return, in order to give $ 702.3 Notice of hearing.
subpenaed persons an opportunity to At least 30 days prior to the com- prepare for their appearance and to emmencement of any hearing, the Com- ploy counsel, should they so desire. mission shall cause to be published in (g) No subpenaed document or inforthe FEDERAL REGISTER notice of the mation contained therein shall be date on which such hearing is to com- made public unless it is introduced into
and received as part of the official record of the hearing. (32 FR 4063, Mar. 15, 1967. Designated at 42 FR 14108, Mar. 15, 1977, and amended at 44 FR 75149 Dec. 19, 1979)
$ 702.5 Conduct of proceedings.
(a) The Chairman shall announce in an opening statement the subject of the proceeding.
(b) Following the opening statement. the Commission shall first convene in executive session if one is required pursuant to the provisions of $ 702.6.
(c) The Chairman shall, subject to the approval of the Commission
(1) Set the order of presentation of evidence and appearance of witnesses; (2) Rule on objections and motions; (3) Administer oaths and affirma
(4) Make all rulings with respect to the introduction into or exclusion from the record of documentary or other evidence;
(5) Regulate the course and decorum of the proceeding and the conduct of the parties and their counsel to insure that the proceedings are conducted in a fair and impartial manner.
(d) Proceedings shall be conducted with reasonable dispatch and due regard shall be had for the convenience and necessity of witnesses.
(e) The questioning of witnesses shall be conducted only by Members of the Commission, by authorized Commission staff personnel, or by counsel to the extent provided in $702.7.
(1) In addition to persons served with a copy of the rules in this part pursuant to $ 702.4 and 702.6, a copy of the rules in this part will be made available to all witnesses.
(g) The Chairman may punish breaches of order and decorum by censure and exclusion from the proceedings.
nated by such evidence or testimony an opportunity to appear and be heard in executive session, with a reasonable number of additional witnesses requested by them, before deciding to use such evidence or testimony.
(1) Such person shall be served with notice in writing of the date, time, and place made available for the appearance of witnesses at executive session, at least 10 days prior to such date, or where service is by mail at least 14 days prior to such date. This notice shall be accompanied by a copy of the rules in this part and by a brief summary of the information which the Commission has determined may tend to defame, degrade, or incriminate such person.
(2) The notice, summary, and rules in this part shall be served personally by depositing the same in the United States mail as certified mail, or by leaving a copy thereof at the last known residence or business address of such person.
(3) The date of service, for purposes of this section, shall be the day when the material is deposited in the United States mail or is delivered in person, as the case may be. When service is made by certified mail, the return post office receipt shall be proof of service; in all other cases, the acknowledgment of the party served, or the verified return of the one making service shall be proof of the same.
(C) If a person receiving notice under this section notifies the Commission within five days of service of such notice, or where service is by mail within eight days of service of such notice, that the time scheduled therein constitutes a hardship, the Commission may, in its discretion, set a new time for such person's appearance at the executive session.
(d) In the event such persons fail to appear at executive session at the time and place made available under paragraph (b) or (c) of this section, they shall not be entitled to another opportunity to appear at executive session, except as provided in $702.11.
(e) If such persons intend to submit sworn statements of themselves or others, or if they intend that witnesses appear in their behalf at executive session, they shall, no later than 48 hours
$702.6 Executive session.
(a) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence or testimony in executive session.
(b) The Commission shall afford any 1 persons defamed, degraded, or incrimi