[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: 45CFR702.53]



[Page 278-279]

 

                        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 B_Meetings

 

Sec. 702.53  Closed meetings.



    (a) The Commission may close a portion or portions of a meeting and 

withhold information pertaining to such meeting when it determines that 

the public interest does not require otherwise and when such portion or 

portions of a meeting or the disclosure of such information is likely 

to:

    (1) Disclose matters that are:

    (i) Specifically authorized under criteria established by an 

Executive Order to be kept secret in the interests of national defense 

or foreign policy and

    (ii) In fact properly classified pursuant to such Executive Order;

    (2) Disclose information relating solely to the internal personnel 

rules and practices of the Commission;

    (3) Disclose matters specifically exempted from disclosure by 

statute (other than 5 U.S.C. 552b), provided that such statute:

    (i) Requires that the matters be withheld from the public in such a 

manner as to leave no discretion on the issue, or

    (ii) Establishes particular criteria for withholding or refers to 

particular types of matters to be withheld;

    (4) Disclose trade secrets and commercial or financial information 

obtained from a person and is privileged or confidential;

    (5) Involve accusing any person of a crime or formally censuring any 

person;

    (6) Disclose information of a personal nature where disclosure would 

constitute a clearly unwarranted invasion of personal privacy;

    (7) Disclose investigatory records compiled for law enforcement 

purposes, or information that if written would be contained in such 

records, but only to the extent that the production of such records or 

information would:

    (i) Interfere with enforcement proceedings,

    (ii) Deprive a person of a right to a fair trial or an impartial 

adjudication,

    (iii) Constitute an unwarranted invasion of personal privacy,

    (iv) Disclose the identity of a confidential source and, in the case 

of a record received by the Commission from a criminal law enforcement 

authority in the course of a criminal investigation or by an agency 

conducting a lawful national security intelligence investigation, 

confidential information furnished only by the confidential source,

    (v) Disclose investigative techniques and procedures, or

    (vi) Endanger the life or physical safety of law enforcement 

personnel;



[[Page 279]]



    (8) Disclose information received by the Commission and contained in 

or related to examination, operating, or condition reports prepared by, 

on behalf of, or for the use of an agency responsible for the regulation 

or supervision of financial institutions;

    (9) Disclose information the premature disclosure of that would:

    (i) In the case of information received by the Commission from an 

agency that regulates currencies, securities, commodities, or financial 

institutions, be likely to:

    (A) Lead to significant financial speculation in currencies, 

securities, or commodities, or

    (B) Significantly endanger the stability of any financial 

institution; or

    (ii) Be likely to significantly frustrate implementation of a 

proposed action, except that this paragraph shall not apply in any 

instance where the Commission has already disclosed to the public the 

content or nature of its proposed action or where the Commission is 

required by law to make such disclosure on its own initiative prior to 

taking final agency action on such proposal; or

    (10) Specifically concern the Commission's issuance of a subpoena or 

the Commission's participation in a civil action or proceeding, an 

action in a foreign court or international tribunal, or an arbitration.

    (b) [Reserved]