and with the advice and consent of the Senate.

(b) The Chairman and Vice Chairman of the Commission are designated by the President, the Vice Chairman acting as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(c) No vacancy in the Commission affects its powers, and any vacancy is filled in the same manner and is subject to the same limitation with respect to party affiliations as previous appointments.

(d) Four members of the Commission constitute a quorum.

(e) A Staff Director for the Commission is appointed by the President (after consultation with the Commission) by and with the advice and consent of the Senate. The Staff Director is the chief executive officer of the agency.

8701.12 Staff Organization.

The organization of the Commission is established as follows:

(a) Office of the Staff Director. Under the direction of the Staff Director, this office plans the agency's programs, directs, supervises, and coordinates the work of other offices; reports plans, programs, and activities of the agency to the Commission; manages the administrative affairs of the agency and represents the agency in relations with the Executive Office of the President, the Congress and other Federal agencies. Special units reporting to the Office of the Staff Director

are:

(1) Equal Employment Opportunity Unit. Under the direction of the Equal Employment Opportunity Officer, this unit is responsible for the agency's EEO and affirmative action programs; advises employees regarding the applicability of Office of Personnel Management and other relevant equal employment opportunity regulations and is responsible for the agency troubled employee program.

(2) Solicitor's Unit. Under the direction of the Solicitor, this unit is responsible for administrative law matters, including contracts, openness in government, government ethics and personnel.

(b) Office of General Counsel. Under the direction of the General Counsel, this office serves as legal counsel to the Commissioners and to the agency; plans and conducts hearings for the Commission; conducts legal studies; prepares reports of legal studies and hearings; drafts or reviews proposals for legislative and executive action and reviews all agency publications and congressional testimony for legal sufficiency.

all

(c) Office of Management. Under the direction of the Assistant Staff Director for Administration, this office is responsible for administrative, management and facilitative services necessary for the efficient operation of the agency. Its units, headed by division directors, include the Administrative Services Division, the Budget and Fiscal Division, the Management Analysis Division, the Personnel Division, the Publications Management Division, and the National Clearinghouse Library Division.

(d) Office of Program Planning and Evaluation. Under the direction of the Assistant Staff Director for Program Planning and Evaluation, this office is responsible for: coordinating the agency's program planning process; conducting program evaluations to assess the impact of the Commission's projects on problems addressed; and coordinating the monthly program reporting system. Its units, headed by Division Directors, are the Program Development and Planning Division and the Program Evaluation Division.

(e) Office of Federal Civil Rights Evaluation. Under the direction of the Assistant Staff Director for Federal Civil Rights Evaluation, this office is responsible for: monitoring, evaluating and reporting on the civil rights enforcement effort of the Federal Government and forwarding complaints alleging denials of civil rights to Federal agencies having appropriate jurisdiction.

(f) Office of Program and Policy Review. Under the direction of the Assistant Staff Director for Program and Policy Review, this office is responsible for: planning, conducting or stimulating studies to advance basic knowledge of the extent, causes and consequences of civil rights denials; prepar

ing monographs dealing with subjects which are current national civil rights issues; monitoring civil rights developments; planning and conducting consultations on the civil rights implications of Federal programs and policies and/or current civil rights issues; and providing staff assistance as needed to other offices of the Commission.

(g) Office of Congressional and Public Affairs. Under the direction of the Assistant Staff Director for Congressional and Public Affairs, this Office is comprised of three divisions:

(1) The Press and Communications Division is responsible for liaison with and dissemination of information concerning the Commission to the news media and the preparation and dissemination of various periodical publications on civil rights issues.

(2) The Congressional Liaison Division is responsible for responding to requests for information from members of Congress, preparing testimony for presentation before committees of Congress when such testimony has been requested by a committee or a member and assisting members of the Commission and staff in liaison with members of Congress and committees of Congress.

(3) The Community Relations Division organizes, plans and manages conferences at which the Commission receives information regarding civil rights issues; establishes and maintains liaison with government and private civil rights agencies; and represents the Commission at government and private organization conferences and conventions.

(h) Office of Regional Programs. Under the direction of the Assistant Staff Director for Regional Programs, this office is responsible for: directing and coordinating the programs and work of the regional offices and State Advisory Committees to the United States Commission on Civil Rights, and maintaining liaison between the regional offices and the various headquarters offices of the Commission.

§ 701.13 Regional offices.

Each regional office of the Commission is directed by a regional director.

The address of each office and the States which they serve are as follows: Region I: U.S. Commision on Civil Rights, 55 Summer Street, 8th Floor, Boston, Massachusetts 02110, FTS (8) 223-4671(617) 223-4671; Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

Region II: U.S. Commission on Civil Rights, 26 Federal Plaza, Room 1639, New York, N.Y. 10007, FTS (8) 264-0400-(212) 2640543; New Jersey and New York. Region III: U.S. Commission on Civil Rights, 2120 L Street, N.W., Room 510, Washington, D.C. 20037, FTS (8) 2546717-(202) 254-6670; Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia.

Region IV: U.S. Commission on Civil Rights, Citizens Trust Bank Building, 75 Piedmont Avenue, N.E., Room 632, Atlanta, Georgia 30303, FTS (8) 242-4391-(404) 221-4344; Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.

Region V: U.S. Commission on Civil Rights, 230 South Dearborn Street, 32nd Floor, Chicago, Illinois 60604, FTS (8) 353-7371(312) 353-7371; Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

Region VI: U.S. Commission on Civil Rights, Heritage Plaza, 418 South Main, San Antonio, Texas 78204, FTS (8) 730-5570-(512) 225-4810; Arkansas, Louisiana, Oklahoma, Texas, and New Mexico.

Region VII: U.S. Commission on Civil Rights, Old Federal Office Building, 911 Walnut Street, Room 3103, Kansas City, Missouri 64106, FTS (8) 758-5253-(816) 374-5253.

Region VIII: U.S. Commission on Civil Rights, Executive Tower Inn, Suite 1700, 1405 Curtis Street, Denver, Colorado 80202, FTS (8) 327-2211-(303) 837-2211; Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. Commission Region IX: U.S. Rights, 312 North Spring Street, Room 1015, Los Angeles, California 90012, FTS (8) 798-3437-(213) 688-5705; Arizona, California, Hawaii, and Nevada.

on Civil

Region X: U.S. Commission on Civil Rights, 915 Second Avenue, Room 2852, Seattle, Washington 98174, FTS (8) 399-1426(206) 442-1246; Alaska, Idaho, Oregon, and Washington.

(c) "The Chairman" shall refer to the Chairman of the Commission or authorized subcommittee thereof or to any acting Chairman of the Commission or of such subcommittee.

(d) "Proceeding" shall refer collectively to any public session of the Commission and any executive session held in connection therewith.

(e) "Hearing" shall refer collectively to a public session of the Commission and any executive session held in connection therewith, but shall not include a session held for the sole purpose of receiving subpenaed documents.

(f) "The rules in this part" shall refer to the Rules on Hearings of the Commission.

(g) "Report" refers to statutory reports or portions thereof issued pursuant to Section 104(c) of the Civil Rights Act of 1957, as amended.

(h) "Verified answer" refers to an answer the truth of which is substantiated by oath or affirmation attested to by a notary public or other person who has legal authority to administer oaths.

[32 FR 4063, Mar. 15, 1967, as amended at 36 FR 5702, Mar. 27, 1971; 44 FR 75149, Dec. 19, 1979]

§ 702.2 Authorization for hearing.

Under section 105(f) of the Act the Commission or, on the authorization of the Commission, any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of the Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable; and the holding of hearings by the Commission or the appointment of a subcommittee to hold hearings pursuant to this section must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

§ 702.3 Notice of hearing.

At least 30 days prior to the commencement of any hearing, the Commission shall cause to be published in

the FEDERAL REGISTER notice of the date on which such hearing is to commence, the place at which it is to be held, and the subject of the hearing.

§ 702.4 Subpenas.

(a) Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued by the Commission over the signature of the Chairman and may be served by any person designated by the Chairman.

(b) A witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the rules in this part at the time of service of the subpena.

(c) The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a place outside the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpenas for the attendance and testimony of witnesses and the production of written or other matter at a place within 50 miles of the place where the witness is found or resides or is domiciled or transacts business or has appointed an agent for receipt of service of process.

(d) The Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses except as otherwise provided in § 702.6(e).

(e) Requests for subpena shall be in writing, supported by a showing of the general relevance and materiality of the evidence sought. Witness fees and mileage, computed pursuant to § 702.15, shall be paid by the person at whose instance a witness is subpenaed.

(f) Subpenas shall be issued at a reasonably sufficient time in advance of their scheduled return, in order to give subpenaed persons an opportunity to prepare for their appearance and to employ counsel, should they so desire. (g) No subpenaed document or information contained therein shall be made public unless it is introduced

into and received as part of the official record of the hearing.

[32 FR 4063, Mar. 15, 1967, as 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 affirmations;

(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.

(f) 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.

§ 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 persons defamed, degraded, or incriminated 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 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.

(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 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 witnesses 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, as amended at 44 FR 75150, Dec. 19, 1979]