[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR702.18]



[Page 277]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 702_RULES ON HEARINGS, REPORTS, AND MEETINGS OF THE COMMISSION

--Table of Contents

 

                     Subpart A_Hearings and Reports

 

Sec. 702.18  Commission reports.



    (a) If a Commission report tends to defame, degrade, or incriminate 

any person, the report or relevant portions thereof shall be delivered 

to such person at least 30 days before the report is made public to 

allow such person to make a timely verified answer to the report. The 

Commission shall afford such person an opportunity to file with the 

Commission a verified answer to the report or relevant portions thereof 

not later than 20 days after service as provided by the regulations in 

this part.

    (1) Such person shall be served with a copy of the report or 

relevant portions thereof, with an indication of the section(s) that the 

Commission has determined tend to defame, degrade, or incriminate such 

person, a copy of the Act, and a copy of the regulations in this part.

    (2) The report or relevant portions thereof, the Act, and 

regulations in this part shall be served by certified mail, return 

receipt requested, or by leaving a copy thereof at the last known 

residence or business address or the agent of such person.

    (3) The date of service for the purposes of this section shall be 

the day the material is delivered either by the post office or 

otherwise, to such person or the agent of such person or at the last 

known residence or business address of such person. The acknowledgement 

of the party served or the verified return of the one making service 

shall be proof of service except that when service is made by mail, the 

return post office receipt shall also constitute proof of same.

    (b) If a person receiving a Commission report or relevant portions 

thereof under this part requests an extension of time from the 

Commission within seven days of service of such report, the Commission 

may, upon a showing of good cause, grant the person additional time 

within which to file a verified answer.

    (c) A verified answer shall plainly and concisely state the facts 

and law constituting the person's reply or defense to the charges or 

allegations contained in the report.

    (d) Such verified answer shall be published as an appendix to the 

report; however, the Commission may except from the answer such matter 

as it determines to be scandalous, prejudicial, or unnecessary.