[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2203.4]

[Page 306-307]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2203_REGULATIONS IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT
--Table of Contents
 
Sec. 2203.4  Procedures applicable to regularly-scheduled meetings.

    (a) Statutory authority to adopt expedited closing procedure. The 
Government in the Sunshine Act provides, at 5 U.S.C. 552b(d)(4), that 
qualified agencies may establish by regulation expedited procedures for 
announcing and closing certain meetings. Specifically, ``[a]ny agency, a 
majority of whose meetings may properly be closed to the public pursuant 
to paragraph (4), (8), (9)(A), or (10) of subsection (c) [of the 
statute], or any combination thereof, may provide by regulation for the 
closing of such meetings or portions thereof [through the expedited 
closing procedure].'' See Sec. 2203.3(b)(4), (8), (9)(i) and (10), 
which are equivalent to the referenced paragraphs of the statute. The 
Commission had determined, for the reasons stated in paragraph (b) of 
this section, that it is qualified to adopt implementing regulations 
under 5 U.S.C. 552b(d)(4). It hereby announces that it will follow the 
expedited closing procedure authorized under that statutory provision in 
conducting its regularly-scheduled meetings.
    (b) Commission qualification to adopt expedited closing procedure. 
The Commission has determined that a majority of its meetings may be 
closed to the public under 5 U.S.C. 552b(c)(10). See Sec. 
2203.3(b)(10). The Commission is an adjudicatory agency that has no 
regulatory functions. It was established to resolve disputes arising out 
of enforcement actions brought by the Secretary of Labor under the 
Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678. See 29 
U.S.C. 659(c). The Commission's experience under the Government in the 
Sunshine Act has been that almost all of its meetings have been closed, 
in whole or in part, under

[[Page 307]]

5 U.S.C. 552b(c)(10) because they involved only formal agency 
adjudication of specific cases.
    (c) Announcements. Regularly-scheduled meetings of the Commission 
will be held at 10 a.m. every Thursday, except for legal holidays, in 
the Hearing Room (Suite 965) of the Commission's national office at One 
Lafayette Centre, 1120-20th Street NW., Washington, DC 20036-3419. If a 
regularly-scheduled meeting is scheduled, public announcement of the 
time, date and place of the meeting will be made at the earliest 
practicable time by posting a notice in a prominent place at the 
Commission's national office. If a regularly-scheduled meeting is 
cancelled, a notice of cancellation will be posted in the same manner. 
Information about the subject of each regularly-scheduled meeting will 
be made available in the Office of the General Counsel, telephone number 
(202) 606-5410, at the earliest practicable time. However, no 
information that may be withheld under Sec. 2203.3(b) will be made 
available, and individual items may be added to or deleted from the 
agenda at any time. Inquiries from the public regarding any regularly-
scheduled meeting will be directed to the Office of the General Counsel.
    (d) Voting. At the beginning of each regularly-scheduled meeting, 
the Commission will vote on whether to close the meeting. No proxy vote 
will be permitted and the vote of each Commissioner will be recorded. 
This record of each Commissioner's vote will be made available to the 
public at the Commission's national office immediately after the 
meeting.

[50 FR 51679, Dec. 19, 1985, as amended at 58 FR 26066, Apr. 30, 1993]