[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: 29CFR2701.7]

[Page 713-714]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2701_GOVERNMENT IN THE SUNSHINE ACT REGULATIONS--Table of Contents
 
Sec. 2701.7  Expedited closing procedure.

    (a) Policy. Although it is the general policy of the Commission to 
open to the public meetings that may be subject to closure, including 
meetings concerning adjudication of cases, the Commission may find it 
necessary in the public interest to close meetings. The purpose of this 
section is to provide an expedited closing procedure under 5 U.S.C. 
552b(d)(4). The Commission has determined that, inasmuch as the 
Commission's responsibilities are almost entirely adjudicatory, a 
majority of its meetings may properly be closed under

[[Page 714]]

5 U.S.C. 552b(c)(10). Although the Commission has to date held few 
meetings, those that have been held concerned the adjudication of cases 
and could properly have been closed.
    (b) Procedure. A meeting may be closed if a majority of either the 
members of the Commission or of a panel of three or more Commissioners 
votes by recorded vote at the beginning of such a meeting to close it to 
the public. The record of the vote shall reflect the vote of each voting 
member and shall be made available to the public. A public announcement 
of the time, place, and subject matter of the meeting shall be made at 
the earliest practicable time, except to the extent that such 
information is exempt from disclosure under 5 U.S.C. 552b(c). Section 
2701.3 does not apply to meetings closed under this section.