Page images

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

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

(111) 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, NW., Washington, DC 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.

sonable opportunity for a written or oral response after which the reviewing official reaches an opinion whether the individual is in compliance.

(c) If the reviewing official determines that the reporting individual is not in compliance with applicable laws and regulations, the reviewing official will notify the individual of that opin. ion, and after an opportunity for personal consultation, notify the individual of the steps which should be taken to assure compliance and the date by which such steps should be taken.

(d) The use of any steps to bring the individual in compliance are to be in accordance with regulations issued by the Director of the Office of Government Ethics.

(e) To assist employees in avoiding situations in which they would not be in compliance with applicable laws and regulations, the designated Commission ethics official is to maintain a list of those circumstances or situations which have resulted or may result in noncompliance and the lists are to be periodically published and furnished to individuals required to file reports under this Act.

8706.24 Public access to financial disclo

sure reports. (&) Pursuant to section 205(b) of the Act, each report will be made available for public inspection within 15 days after the report received by the agency, whether or not the review of the report prescribed by section 206 of the Act has been completed.

(b) Pursuant to section 205(b) of the Act, as amended by Pub. L. 96-19, the following rules are applicable to public 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 application by such person stating:



Part 801

Page 266

Voting Rights Program



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

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-Gonoral Provisions Sec. 801.101 Definitions. 801.102 Timely filing required. 801.103 Computation of time. 801.104 Words denoting number


[blocks in formation]

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

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

listing. 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 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)

[ocr errors]

Subpart D-Removals From Eligibility List 801.401 Scope. 801.402 Bases for removals. 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. APPENDIX A TO PART 801 APPENDIX B TO PART 801 APPENDIX C TO PART 801 APPENDIX D TO PART 801

AUTHORITY: 5 U.S.C. 1103; secs. 7, 9, 79 Stat. 440, 411 (42 U.S.C. 1973e, 1973g).

8 801.102 Timely filing required.

A document or other paper required to be filed within a time limit specified in this part shall be delivered to the office involved before the close of business on the last day of the period,

or i filed by mail be postmarked times set out in Appendix A for the before midnight of the last day of the appropriate political subdivision. An period.

application may be completed only at

the place where it was obtained and 8 801.103 Computation of time.

shall be submitted by the applicant in In computing a period of time pre person to an examiner at that place. scribed by this part, the day of the (b) An examiner shall review the apaction or event after which the desig plication in the presence of the applinated period of time begins to run is cant to insure that all questions are not to be included. The last day of the answered clearly and completely. If all period so computed is to be included

questions are not answered clearly and unless it is & Saturday, Sunday, or

completely or if an applicant is not legal holiday in the State involved, in

able personally to complete the appliwhich event the period runs until the

cation in whole or in part because of end of the next day which is neither &

lack of literacy or otherwise, or has Saturday, Sunday, nor a legal holiday.

difficulty in doing so, an examiner 8 801.104 Words denoting number and

shall orally examine the applicant and gender.

record the pertinent information on

the application or otherwise assist the In this part:

applicant in completing the applica(a) Words importing the singular in

tion. clude and apply to several persons,

(c) After an application is completed, parties, or things;

an examiner shall require the appli(b) Words importing the plural in

cant to take the oath or affirmation clude the singular; and (c) Words importing the masculine

prescribed on the application and to gender include the feminine as well.

sign his name or make his mark there

on. Subpart B-Listing on Eligibility List

8801.204 Qualifications requirements. 8 801.201 Scope.

The qualifications required for list

ing, prescribed by the OPM after conThis subpart prescribes the times, places, and procedures for listing on

sultation with the Attorney General,

for use by an examiner in examining an eligibility list under the Act.

an applicant for listing on an eligibil8 801.202 Times and places for filing and

ity list shall be set out in Appendix B forms of application.

to this part and incorporated in and

made a part of this section. (a) The times and places designated by the OPM for filing an application

8 801.205 Action on the application. in each political subdivision, and the forms of application prescribed by the

At the time of filing the application OPM, shall be set out in Appendix A and in the presence of the applicant, to this part and incorporated in and

the examiner shall review the applicamade a part of this section.

tion and make such examination as is (b) The OPM shall give notice to the necessary to determine whether the general public of the times and places applicant has the prescribed qualificadesignated under paragraph (a) of this tions. If the applicant has the presection, to appropriate local election scribed qualifications, the examiner officials in the political subdivision, shall give him a certificate, on the and to the attorney general of the form prescribed by the OPM, evidencState, by publication thereof in the ing his eligibility to vote and enter his FEDERAL REGISTER and by such other name on an eligibility list, the form means as it considers appropriate. for which is prescribed by the OPM. If

the applicant does not have the pre8 801.203 Procedures for filing applica

scribed qualifications, the examiner tion.

shall give him a notice of ineligibility (a) An applicant may obtain an ap for listing, on the form prescribed by plication at the place and during the the OPM.

« PreviousContinue »