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ination, and to make objections on the record and to argue briefly the basis for such objections.
(b) For the purpose of this section, counsel" shall mean an attorney at law admitted to practice before the Supreme Court of the United States, or the highest court of any State of Territory of the United States.
(c) Failure of any persons to obtain counsel shall not excuse them from attendance in response to a subpena, nor shall any persons be excused in the event their counsel is excluded from the proceeding pursuant to $702.5(g). In the latter case, however, such persons shall be afforded a reasonable time to obtain other counsel, said time to be determined by the Commission. (32 FR 4063, Mar. 15, 1967. Designated at 42 FR 14108, Mar. 15, 1977, and amended at 44 FR 75150, Dec. 19, 1979)
prior to the time set under paragraph (b) or (c) of this section, submit to the Commission, all such statements and a list of all witnesses. The Commission will inform such persons whether the number of witnesses requested is reasonable within the meaning of paragraph (b) of this section. In addition, the Commission will receive and dispose of requests from such persons to subpena other witnesses. Requests for subpenas shall be made sufficiently in advance of the scheduled executive session as to afford persons subpenaed reasonable notice of their obligation to appear at that session. Subpenas returnable at executive session shall be governed by the provisions of $702.4.
(1) Persons for whom an executive session has been scheduled, and persons compelled to appear at such session, may be represented by counsel at such session to the extent provided by $702.7.
(8) Attendance at executive session shall be limited to Members of the Commission, authorized Commission staff personnel, witnesses and their counsel at the time scheduled for their appearance, and such other persons whose presence is requested or consented to by the Commission
(h) In the event the Commission determines to release or to use evidence or testimony which it has determined may tend to defame, degrade, or incriminate any persons, in such a manner as to reveal publicly their identity, such evidence or testimony, prior to such public release or use, will be presented at a public session, and the Commission will afford them an opportunity to appear as voluntary wito nesses or to file a sworn statement in their own behalf and to submit brief and pertinent sworn statements of others. (32 FR 4063, Mar. 15, 1967. Designated at 42 FR 14108, Mar. 15, 1977, and amended at 44 FR 75150, Dec. 19, 1979)
8 $702.8 Evidence at Commission pro
ceedings. (a) The rules of evidence prevailing in courts of law or equity shall not control proceedings of the Commission.
(b) Where a witness testifying at a public session of a hearing or a session for return of subpenaed documents offers the sworn statements of other persons, such statements, in the discretion of the Commission, may be included in the record, provided they are received by the Commission within 24 hours in advance of the witness' appearance.
(c) The prepared statement of a witness testifying at a public session of a hearing, in the discretion of the Commission, may be placed into the record, provided that such statement is received by the Commission 24 hours in advance of the witness' appearance.
(d) In the discretion of the Commission, evidence may be included in the record after the close of a public session of a hearing, provided the Commission determines that such evidence does not tend to defame, degrade, or incriminate any person.
(e) The Commission will determine the pertinency of testimony and evidence adduced at its proceedings, and may refuse to include in the record of a proceeding or may strike from the record any evidence it considers to be
(a) Persons compelled to appear in person before the Commission and any witness appearing at a public session of the Commission will be accorded the right to be accompanied and advised by counsel, who will have the right to subject their clients to reasonable exam
cumulative, immaterial, or not perti. nent. (32 FR 4063, Mar. 15, 1967. Designated at 42 FR 14108, Mar. 15, 1977, and amended at 44 FR 75150, Dec. 19, 1979; 44 FR 76798, Dec. 28, 1979)
$702.9 Cross-examination at public
session. If the Commission determines that oral testimony of a witness at a public session tends to defame, degrade, or incriminate any person, such person, or through counsel, shall be permitted to submit questions to the Commission in writing, which, in the discretion of the Commission, may be put to such witness by the Chairman or by authorized Commission staff personnel. (44 FR 75150, Dec. 19, 1979)
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 is domiciled or transacts business, or has appointed an agent for receipt of service of process, 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 pertinent, relevant and nonprivileged 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.
$702.10 Voluntary witnesses at public
session of a hearing. A person who has not been subpenaed and who has not been afforded an op portunity to appear pursuant to $702.6 may be permitted, in the discretion of the Commission, to make an oral or written statement at a public session of a hearing. Such person may be questioned to the same extent and in the same manner as other witnesses before the Commission.
$702.13 Intimidation of witnesses.
Witnesses at Commission proceedings are protected by the provisions of 18 U.S.C. 1505, which provide:
Whoever corruptly, or by threats of force, or by any threatening letter or communication. endeavors to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any Committee of either House, or any joint committee of the Congress; or
Whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or
Whoever, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any civil investigative demand duly and properly made under the Antitrust Civil Process Act willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of such de
$702.11 Special executive session.
If, during the course of a public session, evidence is submitted which was not previously presented at executive session and which the Commission determines may tend to defame, degrade, or incriminate any person, the provisions of $ 702.6 shall apply, and such extensions, recesses or continuances of the public session as it deems necessary shall be ordered by the Commission, except that the time and notice requirements of 8 702.6 may be modified by the Commission provided reasonable notice of a scheduled executive session is afforded such person, and except that the Commission may, in its discretion, strike such evidence from the record, in which case the provisions of $702.6 shall not apply.
Whoever corruptly, or by threats of force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before such department or agency of the United States, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress
Shall be fined not more than $5,000 or imprisoned not more than five years, or both.
$702.12 Contempt of the Commission.
Proceedings and process of the Commission are governed by section 105(8) of the Act, which provides:
8702.14 Transcript of Commission pro vised, filmed, or photographed during ceedings.
the session nor shall the testimony of (a) An accurate transcript shall be
any witness be broadcast or recorded made of the testimony of all witnesses
for broadcasting, if the witness objects. at all proceedings of the Commission. [44 FR 75150, Dec. 19, 1979) Transcripts shall be recorded solely by the official reporter, or by any other
$ 702.17 Communications with respect person or means designated by the
to Commission proceedings. Commission.
During any proceeding held outside (b) Every person who submits data or Washington, D.C., communications to evidence shall be entitled to retain or, the Commission with respect to such on payment of lawfully prescribed proceeding must be made to the Chaircosts, procure a copy or transcript man or authorized Commission staff thereof, except that witnesses in a personnel in attendance. All requests hearing held in executive session may for subpenas returnable at a hearing, for good cause be limited to inspection requests for appearance of witnesses at of the official transcript of their testi a hearing, and statements or other docmony. Transcript copies of public ses uments for inclusion in the record of a sions may be obtained by the public proceeding, required to be submitted in upon the payment of the cost thereof. advance, must be submitted to the
(c) Persons who have presented testi Chairman, or such authorized person as mony at a proceeding may ask within the Chairman may appoint, at an office 60 days after the close of the proceed- located in the community where such ing to correct errors in the transcript hearing or proceeding is scheduled to of their testimony. Such requests shall be held. The location of such office will be granted only to make the transcript be set forth in all subpenas issued conform to their testimony a8 pre- under the rules in this part and in all sented at the proceeding.
notices prepared pursuant to $ 706.2. (32 FR 4063, Mar. 15, 1967. Designated at 42 FR (44 FR 75150, Dec. 19, 1979) 14108, Mar. 15, 1977, and amended at 44 FR 75150, Dec. 19, 1979)
8 702.18 Commission reports. 8 702.15 Witness fees.
(a) If a Commission report tends to
defame, degrade, or incriminate any Pursuant to section 102(j) of the Act:
person, the report or relevant portions A witness attending any session of the thereof shall be delivered to such perCommission shall be paid the same fees
son at least thirty (30) days before the and mileage that are paid witnesses in
report shall be made public in order the courts of the United States. Mile
that such person may make a timely age payments shall be tendered to the
verified answer to the report. The Comwitness upon service of a subpena is
mission shall afford such person an opsued on behalf of the Commission or
portunity to file with the Commission any subcommittee thereof.
a verified answer to the report or rel(32 FR 4063, Mar. 15, 1967. Designated at 42 FR
evant portions thereof not later than 14108, Mar. 15, 1977, and amended at 37 FR twenty (20) days after service of the re23185, Oct. 31, 1972)
port or relevant portions thereof upon
such person as provided by the regula8 702.16 Attendance of news media at tions in this part. public sessions.
(1) Such person shall be served with a Reasonable access for coverage of copy of the report or relevant portions public sessions shall be provided to the thereof, with an indication of the various communications media, includ- section(s) that the Commission has deing newspapers, magazines, radio, termined tend to defame, degrade, or newsreels, and television, subject to incriminate such person, a copy of the the physical limitations of the room in Act and a copy of the regulations in which the session is held and consider this part. ation of the physical comfort of Com (2) The report or relevant portions mission members, staff, and witnesses. thereof, the Act, and regulations in However, no witnesses shall be tele- this part shall be served by depositing
the same in the U.S. mail via certified open to public observation meetings of mail, return receipt requested, or by the Commissioners of the U.S. Comleaving a copy thereof at the last mission on Civil Rights except where known residence or business address of the rights of individuals are involved such person.
or the ability of the Commission to (3) The date of sevice for the purposes carry out its responsibilities requires of this section shall be the day the ma confidentiality. terial is delivered either by the post office or otherwise, to such person or the $702.51 Definitions. agent of such person or at the last
(a) Commission means the U.S. Comknown residence or business address of
mission on Civil Rights and any Subsuch person. The acknowledgement of
committee of the Commission authorthe party served, or the verified return
ized under 42 U.S.C. 1975d(f). of the one making service shall be
(b) Commissioner means a member of proof of service except that when serv
the U.S. Commission on Civil Rights ice is made by certified mail, the re
appointed by the President under 42 turn post office receipt may also con
U.S.C. 1975(b). stitute proof of same.
(c) Solicitor means the Solicitor of the (b) If a person receiving a Commis
U.S. Commission on Civil Rights. sion report or relevant portions thereof under this part requests an extension
(d) Meeting means the deliberations of time from the Commission within 7
of at least the number of Commis
sioners required to take action on bedays of service of such report, the Commission may, upon a showing of good
half of the Commission where such decause, grant the person additional time
liberations determine or result in the within which to file a verified answer.
joint conduct or disposition of official (c) A verified answer shall plainly
Commission business. and concisely state the facts and law
(1) The number of Commissioners reconstituting the person's reply or de
quired to take action on behalf of the fense to the charges or allegations con
Commission is four, except that such tained in the report.
number is two when the Commissioners (d) Such verified answer shall be pub
are a Subcommittee of the Commission lished as an appendix to the report:
authorized under 42 U.S.C. 1975d(f). Provided, however, That the Commis
(2) Deliberations among Commission may except from the answer such
sioners regarding the setting of the matter as it determines to be scandal
time, place or subject matter of a ous, prejudicial or unnecessary.
meeting, whether the meeting is open
or closed, whether to withhold infor(36 FR 5702, Mar. 27, 1971. Designated at 42
mation discussed at a closed meeting, FR 14108, Mar. 15, 1977, and amended at 44 FR 75151, Dec. 19, 1979)
and any other deliberations required or permitted by 5 U.S.C. 552b (d) and (e)
and 8702.54 and $702.55 of this subpart, Subpart B-Meetings
are not meetings for the purposes of
this subpart. AUTHORITY: 5 U.S.C. 552b, Pub. L. 94-409, 90 Stat. 1241.
(3) The consideration by Commis
sioners of Commission business which SOURCE: 42 FR 14108, Mar. 15, 1977, unless
is not discussed through conference otherwise noted.
calls or a series of two party calls by
the number of Commissioners required 8702.50 Purpose and scope.
to take action on behalf of the ComThis section contains the regulations mission is not a meeting for the purof the U.S. Commission on Civil Rights poses of this subpart. implementing sections (a)-(1) of 5 (e) Public announcement or publicly U.S.C. 552b, the “Government in the announce means the use of reasonable Sunshine Act." They are adopted to methods, such as the posting on Comfurther the principle that the public is mission public notice bulletin boards entitled to the fullest practicable in and the issuing of press releases, to formation regarding the decisionmak communicate information to the public ing processes of the Commission. They regarding Commission meetings.
(f) Staff Director means the Staff Din particular types of matters to be withrector of the U.S. Commission on Civil held; Rights.
(4) Disclose trade secrets and com
mercial or financial information ob(42 FR 14108, Mar. 15, 1977, as amended at 44
tained from a person and privileged or FR 75151, Dec. 19, 1979)
confidential; 8 702.52 Open meeting requirements.
(5) Involve accusing any person of a
crime, or formally censuring any per(a) Every portion of every Commis
son; sion meeting shall be open to public ob
(6) Disclose information of a personal servation, except as provided in $ 702.53
nature where disclosure would conof this subpart. Commissioners shall
stitute a clearly unwarranted invasion not jointly conduct or dispose of agen
of personal privacy; cy business other than in accordance
(7) Disclose investigatory records with this subpart.
compiled for law enforcement purposes, (b) This subpart gives the public the
or information which if written would right to attend and observe Commis
be contained in such records, but only sion open meetings; it confers no right
to the extent that the production of to participate in any way in such meet
such records or information would (i) ings.
interfere with enforcement proceed(c) The Staff Director shall be re
ings, (ii) deprive a person of a right to sponsible for making physical arrange
a fair trial or an impartial adjudicaments for Commission open meetings
tion, (iii) constitute an unwarranted which provide ample space, sufficient
invasion of personal privacy, (iv) disvisibility and adequate acoustics for
close the identity of a confidential public observation.
source and, in the case of a record re(d) The presiding Commissioner at an
ceived by the Commission from a open meeting may exclude persons
criminal law enforcement authority in from a meeting and shall take all steps
the course of a criminal investigation, necessary to preserve order and deco
or by an agency conducting a lawful rum.
national security intelligence inves
tigation, confidential information fur8 702.53 Closed meetings.
nished only by the confidential source, (a) The Commission may close a por (v) disclose investigative techniques tion or portions of a meeting and with and procedures, or (vi) endanger the hold information pertaining to such life or physical safety of law enforcemeeting when it determines that the ment personnel; public interest does not require other (8) Disclose information received by wise and when such portion or portions the Commission and contained in or reof a meeting or the disclosure of such lated to examination, operating, or information is likely to:
condition reports prepared by, on be(1) Disclose matters that are (i) spe half of, or for the use of an agency recifically authorized under criteria es- sponsible for the regulation or supertablished by an Executive Order to be vision of financial institutions; kept secret in the interests of national (9) Disclose information the predefense or foreign policy and (ii) in fact mature disclosure of which would (i) In properly classified pursuant to such the case of information received by the Executive Order;
Commission from an agency which reg(2) Disclose information relating ulates currencies, securities, commodsolely to the internal personnel rules ities, or financial institutions, be likeand practices of the Commission;
ly to (A) lead to significant financial (3) Disclose matters specifically ex speculation in currencies, securities, or empted from disclosure by statute commodities, or (B) significantly en(other than 5 U.S.C. 552), provided, that danger the stability of any financial insuch statute (i) requires that the mat stitution; or (ii) be likely to signifiters be withheld from the public in cantly frustrate implementation of a such a manner as to leave no discretion proposed action, except that paragraph on the issue, or (ii) establishes particu- (a)(9)(ii) of this section shall not apply lar criteria for withholding or refers to in any instance where the Commission