[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: 29CFR2203.5]

[Page 307-308]
 
                             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. 2203.5  Procedures applicable to other meetings.

    (a) Announcements--(1) Meetings announced. Public announcement will 
be made of every meeting that is not a regularly-scheduled meeting. This 
announcemet will state the time, place, and subject of the meeting, 
whether it is to be open or closed, and the name and phone number of the 
person designated to respond to requests for information about the 
meeting. The announcement will be made at least one week before the 
meeting unless at least two Commissioners determine by a recorded vote 
that Commission business requires that such meeting be called at an 
earlier date. In that case, the Commission will make its public 
announcement at the earliest practicable time.
    (2) Changes announced. The time or place of a meeting may be changed 
following the public announcement required by paragraph (a)(1) of this 
section, but only if public announcement of the change is made at the 
earliest practicable time. The subject of a meeting, or the 
determination by the Commission to open or close all or part of a 
meeting, may also be changed following the public announcement required 
by paragraph (a)(1) of this section; however, these changes may be made 
only if:
    (i) At least two Commissioners determine by recorded vote that 
Commission business so requries and that no earlier announcement of the 
change was possible and
    (ii) Public announcement of the change and the vote of each 
Commissioner on the change is made at the earliest practicable time.
    (3) Form of announcements. The announcements requried under 
paragraph (a) of this section will be made by posting a notice in a 
prominent place at the Commission's national office. In addition, 
immediately following each announcement required by paragraph (a) of 
this section, notice of the same matters described in the posted notice 
will also be submitted for publication in the Federal Register.
    (b) Voting--(1) Requirement that vote be taken. Action to close all 
or part of a meeting that is not regularly scheduled or to withhold 
information about a meeting that is not regularly scheduled, under any 
paragraph of Sec. 2203.3(b), will be taken only when at least two 
Commissioners vote to take the proposed action.
    (2) Separate votes required. A separate vote of the Commissioners 
will be taken with respect to each Commission meeting or each part of a 
meeting that is proposed to be closed under paragraph (b) of this 
section or with respect to any information that is proposed to be 
withheld under paragraph (b) of this section.

[[Page 308]]

    (3) Single vote on a series of meetings. A single vote may be taken 
with respect to closing all or part of a series of meetings under 
paragraph (b) of this section, or with respect to any information 
concerning a series of meetings, so long as each meeting in the series 
involves the same particular matters and is scheduled to be held no more 
than 30 days after the initial meeting in the series.
    (4) Public requests to close meetings. Any person whose interest may 
be directly affected by a portion of an open meeting may request that 
the Commission close that portion to the public for any of the reasons 
referred to in paragraph (b)(5), (6) or (7) of Sec. 2203.3. Upon the 
motion of any Commissioner, the Commission will vote by recorded vote 
whether to grant the request.
    (5) Proxy votes; recording of votes. No proxy vote will be permitted 
for any vote required under paragraph (b) of this section. The vote of 
each participating Commissioner will be recorded.
    (6) Public announcement of votes. Within one day after any vote 
taken under paragraph (b) of this section, the vote of each Commissioner 
on the question will be made publicly available at the Commission's 
national office. If any part of a meeting is to be closed under 
paragraph (b) of this section, a full written explanation of the 
Commission's action, together with a list of all persons expected to 
attend the meeting and their affiliation, will be made publicly 
available at the Commission's national office within one day after the 
vote to close.