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has no role in advising or making (b) After reviewing a report, the repolicy determinations with respect to viewing official is required to: agency programs or policies. Such per (1) State upon the report that the sons may include chauffeurs, private reporting individual is in compliance secretaries, stenographers and those with applicable laws and regulations who hold positions of similar nature,

and to sign the report; consistent with the basic criterion set

(2) Notify the reporting individual forth in the preceding sentence.

that additional information is required (b) The exclusion of any position

to be submitted and the time by which will be effective as of the time the

it must be submitted; or Commission files with the Office of Government Ethics a list and descrip

(3) Notify the reporting individual

that the report indicates noncomplition of each position for which exclusion is sought, and the identity of its

ance and afford the individual a reacurrent occupant. Such a list must be

sonable opportunity for a written or filed with the Office of Government

oral response after which the reviewEthics on or before the date on which

ing official reaches an opinion wheth

er the individual is in compliance. such reports are due under the Act. (c) In the event that the Office of

(c) If the reviewing official deterGovernment Ethics finds that one or

mines that the reporting individual is more positions have been improperly not in compliance with applicable laws excluded, it will so advise the Commis and regulations, the reviewing official sion and set a date for the filing of the

will notify the individual of that opinreport.

ion, and after an opportunity for per

sonal consultation, notify the individu$ 706.22 Information required to be re al of the steps which should be taken ported—reporting forms.

to assure compliance and the date by Information required to be reported which such steps should be taken. by the Act shall be set forth in the (d) The use of any steps to bring the manner specified in, and in accordance individual in compliance are to be in with the instructions contained in accordance with regulations issued by Standard Forms issued by the Office the Director of the Office of Governof Personnel Management, to be used ment Ethics. as follows:

(e) To assist employees in avoiding (a) Standard Form 278—for use by situations in which they would not be an officer or employee filing (1) an

in compliance with applicable laws and annual report pursuant to section

regulations, the designated Commis201(d) of the Act, or (2) a departure

sion ethics official is to maintain a list report upon termination of employ

of those circumstances or situations ment, pursuant to section 201(e) of the

which have resulted or may result in Act;

noncompliance and the lists are to be (b) Standard Form 278A-for use by

periodically published and furnished (1) an individual assuming a position

to individuals required to file reports for which reporting is required pursu

under this Act. ant to section 201(a) of the Act; or (2) an individual whose nomination has

8 706.24 Public access to financial disclobeen transmitted by the President to

sure reports. the Senate, pursuant to section 201(b) of the Act.

(a) Pursuant to section 205(b) of the

Act, each report will be made available 8 706.23 Review of reports.

for public inspection within 15 days (a) Financial reports are reviewed by after the report is received by the the Commission's designated Ethics agency, whether or not the review of official or the Director of the Office of the report prescribed by section 206 of Government Ethics, as appropriate. the Act has been completed. Reports are to be reviewed within 60 (b) Pursuant to section 205(b) of the days after the date of their filing or Act, as amended by Pub. L. 96-19, the transmittal to the Office of Govern- following rules are applicable to public ment Ethics.

access to financial reports:

(1) A financial disclosure report may not be made available to any person nor may a copy thereof be provided to any person except upon written appli. cation by such person stating:

(i) That person's name, occupation, and address;

(ii) The name and address of any other person or organization on whose behalf the inspection or copy is requested; and

(iii) That such person is aware that it is unlawful to obtain or use a report: (A) For any unlawful purpose; (B) For any commercial purpose, other than by news and communications media for dissemination to the general public;

(C) For determining or establishing the credit rating of any individual; or

(D) For use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. Any application for a report shall be available to the public during the period in which the requested report is available to the public.

(c) Requests for copies of financial disclosure reports of officers appointed by the President by and with the advice and consent of the Senate, as well as nominees to such offices and designated Commission ethics officials, may be directed to the Director of the Office of Government Ethics.

(d) To gain access to or to obtain a copy of a report filed with the Commission, an individual should appear in person at the office of the Solicitor of the Commission, 1121 Vermont Avenue, N.W., Washington, D.C. 20425, during the hours 8:30 A.M. to 4:30 P.M., and complete an application form. Requests by mail should contain the information described in paragraph (b) of this section, together with the signature of the requester. Requests which do not contain the required information will be returned. Notice of the statutory prohibitions on use will be attached to copies of reports provided in response to a request otherwise properly filled out.



Part 801

Voting Rights Program ...

Page 206



Subpart A-General Provisions Sec. 801.101 Definitions. 801.102 Timely filing required. 801.103 Computation of time. 801.104 Words denoting number and


AUTHORITY: Secs. 7, 9, 79 Stat. 440; 42 U.S.C. 1973e, 1973g.

SOURCE: 30 FR 9859, Aug. 7, 1965, unless otherwise noted.

NOMENCLATURE CHANGE: 44 FR 55878, Sept. 28, 1979.

Note: Those amendments to Appendixes A, B, and D in Part 801, which apply to Texas, appearing at 41 FR 16155, Apr. 16, 1976, are also carried in Spanish at the end of Appendix D.

Subpart A—General Provisions

Subpart B-Listing on Eligibility List 801.201 Scope. 801.202 Times and places for filing and

forms of application. APPENDIX A 801.203 Procedures for filing application. 801.204 Qualifications requirements. APPENDIX B 801.205 Action on the application. 801.206 Review of notice of ineligibility for

listing. APPENDIX C 801.207 Certification and publication of eli

gibility lists.

Subpart C—Challenges to Listing on Eligibility


801.301 Scope. 801.302 Basis of challenge. 801.303 Time and place of challenge. 801.304 Form of challenge. 801.305 Rejection and docketing of chal

lenge. 801.306 Summary denial of challenge by

hearing officer. 801.307 Notice of hearing. 801.308 Rights and duties of parties. 801.309 Continuance. 801.310 Hearing. 801.311 Powers of hearing officer. 801.312 Witnesses. 801.313 Subpena. 801.314 Evidence. 801.315 Decision. 801.316 Action after challenge is sustained. 801.317 Appeal.

8 801.101 Definitions.

In this part:

(a) “Act” means the Voting Rights Act of 1965, Pub. L. 89-110, as amended by Pub. L. 94-73, August 6, 1975.

(b) “Applicant” means a person who presents himself to an examiner at one of the times and places designated by the OPM under $ 801.202 for the purpose of being listed as eligible to vote;

(c) “Applications" means the form prescribed by the OPM under the Act for use by a person applying for listing on an eligibility list;

(d) “OPM” means the U.S. Office of Personnel Management;

(e) “Day' means a calendar day;

(f) “Eligibility list” means a list of eligible voters or supplements to a list of eligible voters, prepared by an examiner under the Act;

(g) "Examiner” means a person designated or appointed by the OPM under the Act to examine applicants for listing on an eligibility list and to prepare and maintain lists of persons eligible to vote in Federal, State, or local elections;

(h) “Hearing officer” means a person authorized by the OPM to adjudicate a challenge to a listing on an eligibility list;

(i) "Political subdivision”, “vote”, and “voting” have the meanings given these terms in the Act; and

(j) “Parties" means a challenger, a challenged person, and the representative of either. (30 FR 9059, Aug. 7, 1965, as amended at 41 FR 16155, Apr. 16, 1976)

Subpart D-Removals From Eligibility List 801.401 Scope. 801.402 Bases for removals. APPENDIX D 801.403 Procedure for removals determined

by examiners. 801.404 Notification of removals.

Subpart E-Voting Complaint 801.501 Scope. 801.502 Making a complaint. 801.503 Processing a complaint.

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