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(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 5 days of service of such notice, or where service is by mail within 8 days of service of such notice that the time schedule therein constitutes a hardship, the Commission may, in its discretion, set a new time for his appearance at executive session.
(d) In the event such person fails to appear at executive session at the time and place made available under paragraph (b) or (c) of this section, he shall not be entitled to another opportunity to appear at executive session, except as provided in $ 702.11.
(e) if such person intends to submit sworn statements of himself or others, or if he intends to request that witnesses appear in his behalf at executive session, he shall, no later than 48 hours 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 such witnesses. The Commission will inform such person 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 person to subpena other witnesses. Re
quests for subpenas shall be made suffciently 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.
(f) 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.
(g) 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 person, in such a manner as to reveal publicly the identity of such person, such evidence or testimony, prior to such public release or use, will be presented at a public session, and the Commission will afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others. $ 702.7 Counsel.
(a) Any person 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 his client to reasonable examination, 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 or Territory of the United States.
(c) The failure of any person to obtain counsel shall not excuse him from attendance in response to a subpena, nor shall any person be excused in the event his counsel is excluded from the proceeding pursuant to $ 702.5(g). In the latter case, however, the witness shall be af. forded a reasonable time to obtain other
counsel, said time to be determined by the Commission. 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 24 hours in advance of his 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 or may be read into the record, provided that such statement is received by the Commission 24 hours in advance of his 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 cumulative, immaterial, or not pertinent. $ 702.9 Cross-examination at public ses
sion. 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 his 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. § 702.10 Voluntary witnesses at public
session of a hearing. A person who has not been subpenaed and who has not been afforded an opportunity 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. $ 702.11 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 g 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 $ 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. $ 702.12 Contempt of the Commission.
Proceedings and process of the Commission are governed by section 105(g) of the Act, which provides:
In case of contumacy or refusal to obey à 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. $ 702.13 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 or 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 proceed for going from and returning to his place ing, inquiry, or investigation, or on account
of residence; witnesses who attend at of his testifying or having testified to any
points so far removed from their rematter pending therein; or Whoever, with intent to avoid, evade, pre
spective residences as to prohibit return vent, or obstruct compliance in whole or in
thereto from day to day shall be entitled part with any civil investigative demand
to an additional allowance of $10 per day duly and properly made under the Antitrust for expenses of subsistence, including the Civil Process Act willfully removes from any time necessarily occupied in going to and place, conceals, destroys, mutilates, alters, returning from the place of attendance; or by other means falsifies any documentary and mileage payments shall be tendered material which is the subject of such de
to the witness upon service of a subpena nand; or Whoever corruptly, or by threats of force,
issued on behalf of the Commission or or by any threatening letter or communica
any subcommittee thereof. tion influences, obstructs, or impedes or en & 702.16 Attendance of news media at deavors to influence, obstruct, or impede
public sessions. the due and proper administration of the law under which such proceeding is being Reasonable access for coverage of pubhad before such department or agency of lic sessions shall be provided to the varithe United States, or the due and proper ous means of communication, including exercise of the power of inquiry under which
newspapers, magazines, radio, newsreels, such inquiry or investigation is being had
and television, subject to the physical by either House, or any committee of either
limitations of the room in which the sesHouse or any joint committee of the Congress
sion is held and consideration of the Shall be fined not more than $5,000 or im physical comfort of Commission Memprisoned not more than five years, or both. bers, staff, and witnesses. However, no
witness shall be televised, filmed, or § 702.14. Transcript of Commission proceedings.
photographed during the session nor
shall his testimony be broadcast or re(a) An accurate transcript shall be corded for broadcasting, if he objects. made of the testimony of all witnesses at all proceedings of the Commission.
$ 702.17 Communications with respect Transcripts shall be recorded solely by
to Commission proceedings. the official reporter, or by any other During any proceeding held outside person or means designated by the Washington, D.C., communications to the Commission.
Commission with respect to such pro(b) Every person who submits data or ceeding must be made to the Chairman evidence shall be entitled to retain or, on or authorized Commission staff personpayment of lawfully prescribed costs, nel in attendance. All requests for subprocure a copy or transcript thereof, ex penas returnable at a hearing, requests cept that a witness in a hearing held in for appearance of witnesses at a hearexecutive session may for good cause be ing, and statements or other documents limited to inspection of the official trans for inclusion in the record of a proceedcript of his testimony. Transcript copies ing, required to be submitted in advance, of public sessions may be obtained by must be submitted to the Chairman, or the public upon the payment of the cost such authorized person as he may apthereof.
point, at an office located in the com(c) Any person who has presented tes munity where such hearing or proceedtimony at a proceeding may ask within ing is scheduled to be held. The location 60 days after the close of the proceed of such office will be set forth in all subing to correct errors in the transcript of penas issued under the rules in this part his testimony. Such requests shall be and in all notices prepared pursuant to granted only to make the transcript con $ 702.6. form to his testimony as presented at the proceeding.
PART 703_OPERATIONS AND FUNC$ 702.15 Witness fees.
TIONS OF STATE ADVISORY COMPursuant to section 102(j) of the Act:
MITTEES A witness attending any session of the Sec. Commission shall receive $6 for each
703.1 Name and establishment.
703.2 Functions. day's attendance and for the time neces
703.3 Scope of subject matter. sarily occupied in going to and returning 703.4 Membership. from the same, and 10 cents per mile 703.5 Omcers.
AUTHORITY: The provisions of this part 703 issued under secs. 101-106, 71 Stat. 634 636, as amended; 42 U.S.C. 1975–1975e.
SOURCE: The provisions of this Part 703 appear at 32 F.R. 4065, Mar. 15, 1967, unless otherwise noted. § 703.1 Name and establishment.
Pursuant to section 105(c) of the Act, there are established by the Commission the State Advisory Committees to the Commission (each of which is called in this part the State Committee). $ 703.2 Functions.
By invitation of the Commission, the State Committee is authorized to exercise the following functions within the limits defined in $ 703.3.
(a) Advise the Commission in writing of any knowledge or information it has of any alleged deprivation of the right to vote and to have the vote counted, by reason of color, race, religion, or national origin, or that citizens are being accorded or denied the right to vote in Federal elections as a result of patterns or practices of fraud or discrimination.
(b) Advise the Commission concerning legal developments constituting a denial of equal protection of the laws under the Constitution, and as to the effect of the laws and policies of the Federal Government with respect to equal protection of the laws.
(c) Advise the Commission upon matters of mutual concern in the preparation of reports of the Commission to the President and the Congress.
(d) Receive reports, suggestions, and recommendations from individuals, public and private organizations, and public officials upon matters pertinent to inquiries conducted by the State Committee.
(e) Initiate and forward advice and recommendations to the Commission upon matters which the State Committee has studied.
(f) Assist the Commission in matters in which the Commission shall request the assistance of the State Committee.
(g) Attend, as observers, any open hearing or conference which the Commission may hold within the State. $ 703.3 Scope of subject matter.
The scope of subject matter to be dealt with by the State Committee shall be
those subjects of inquiry or study with which the Commission itself is authorized to deal, pursuant to section 104(a) of the Act. The State Committee shall confine its studies to the State. It may, however, undertake to study subjects other than those chosen by the Commission for study, within the limits of the Act. $ 703.4 Membership.
Subject to special exceptions made from time to time by the Commission to fit special circumstances, the State Committee shall consist of at least five members appointed by the Commission. Members of the State Committee shall serve for a fixed term to be set by the Commission upon the appointment of each member subject to the duration of advisory committees prescribed by section 8 of Executive Order 11007, February 26, 1962 (3 CFR), provided that members of the State Committee may be removed by the Commission for good cause. $ 703.5 Officers.
(a) The officers of the State Committee shall be a chairman and vice chairman and such other officers as the State Committee deems advisable.
(b) The chairman shall be appointed by the Commission.
(c) The vice chairman and other oficers shall be elected by the State Committee by a majority vote of the full membership of the State Committee.
(d) The chairman, or in his absence, the vice chairman, shall;
(1) Call meetings of the State Committee.
(2) Preside over all meetings of the State Committee.
(3) Appoint all subcommittees of the State Committee, with the approval of a majority of the State Committee.
(4) Perform such other functions as the State Committee may authorize or the Commission may request, within the limits of the Act. § 703.6 Subcommittees.
The State Committee may:
(a) Approve the establishment of subcommittees, composed of members of the State Committee to study and report upon matters under consideration, and it may authorize such subcommittees to take specific action upon matters within the competence of the State Committee,
(b) Designate, with the prior approval of the Commission, or at the request of
the Commission, individual members of part-time basis, to assist the Commission the State Committee to perform special staff in attendance at State Advisory projects involving research or study Committee meetings to the end that the within the scope of the subject matter intent of the aforesaid Executive Order defined in $ 703.3.
is complied with, and
(3) That adequate provisions have $ 703.7 Meetings.
been otherwise made by the statement (a) Meetings of the State Committee governing State Advisory Committees shall be called whenever it is deemed published herewith to insure that such necessary or desirable by the chairman, committee operations are subject to Govor by a majority of the State Committee, ernment control and in conformity with or by the Commission, provided that the the proper purposes and functioning of following conditions have been met:
the Commission, and (1) The Commission has given prior (4) That the nature of the function of written approval of such meeting, and the State Advisory Committees as set
(2) There is a quorum present. A forth in the said statement governing quorum shall consist of one-half or more the State Advisory Committees is such of the members of the State Comm that the waiver of the aforesaid requireor five members, whichever is the lesser, ment specified in section 6, subsections except that with respect to open meet- (a), (b), and (c), of the said Executive ings provided for in paragraph (c) of Order are in the public interest; and this section, a quorum shall consist of (5) That, therefore, the meeting of a three members.
State Advisory Committee shall not be (b) Summary minutes shall be pre- subject to the requirements specified in pared and made available as soon as section 6, subsections (a), (b), and (c), practicable after each meeting for dis
of the Executive Order 11007, dated Febtribution to the members of the State Committee and to the Commission.
ruary 26, 1962, (c) In connection with its functions 8 703.8 Reimbursement of members. under the regulations in this part and
(a) State Committee members may be subject to them, a State Committee may
reimbursed by the Commission by a per hold open meetings for the purpose of soliciting information and advice from
diem subsistence allowance and for travel local officials and other persons respect
expenses at rates not to exceed those ing subject matter within its jurisdiction, prescribed by Congress for Government provided, however, that a State Com- employees, for the following activities mittee shall not, in conjunction with its only: meetings, or otherwise, purport to con- (1) Attendance at meetings, as defined duct a formal hearing or adversary pro- in $ 703.7. ceeding of any type, take oral testimony (2) Any activity specifically requested under oath, or issue subpenas.
and authorized by the Commission to be (d) Pursuant to the authority of Ex- reimbursed. ecutive Order 11007, dated February 26, (b) Members will be reimbursed for 1962, section 6(f) thereof, the Chairman the expense of travel by private autoof the Commission has made the follow- mobile on a mileage basis only to the ing determinations:
extent such expense is no more than that (1) That compliance with the require- of suitable public transportation for the ments of section 6, subsections (a), (b), same trip, unless special circumstances and (c), of the aforesaid Executive Order justify the additional expense of travel would interfere with the proper function- by private automobile. ing of the State Advisory Committees of (c) From time to time, the Commisthe Commission on Civil Rights, in that sion may give prior authorization for the the assignment of a full-time salaried reimbursement of the State Committee officer or employee of the Commission to for secretarial help and expenses of each of the State Advisory Committee duplication and the like, for projects meetings would be impossible and im- specifically requested by the Commission. practical within the limitations of the • (d) No appropriated funds shall be staff and budget of the Commission, and made available to the State Committee
(2) That the Commission on Civil except for the reimbursements authorRights has retained Consultants, on a ized in this section.