[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: 45CFR702.6]



[Page 274]

 

                        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. 702.6  Executive session.



    (a) If the Commission determines that evidence or testimony at any 

hearing may tend to defame, degrade, or incriminate any person, it shall 

receive such evidence or testimony or summary of such evidence or 

testimony in executive session.

    (b) The Commission shall afford any persons defamed, degraded, or 

incriminated by such evidence or testimony an opportunity to appear and 

be heard in executive session, with a reasonable number of additional 

witnesses requested by them, before deciding to use such evidence or 

testimony.

    (1) Such person shall be served with notice, in writing, at least 10 

days prior to the date, time, and location for the appearance of 

witnesses at executive session or where service is by mail at least 14 

days prior to such date. This notice shall be accompanied by a copy of 

the rules in this part and by a brief summary of the information that 

the Commission has determined may tend to defame, degrade, or 

incriminate such person;

    (2) The notice, summary, and rules in this part shall be served by 

certified mail or by leaving a copy thereof at the last known residence 

or business address of such person; and

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

day when the material is deposited in the mail or is delivered in 

person, whichever is applicable. When service is made by mail, the 

return post office receipt shall be proof of service; in all other 

cases, the acknowledgment of the party served or the verified return of 

the one making service shall be proof of the same.

    (c) If a person receiving notice under this section notifies the 

Commission within five days of service of such notice or where service 

is by mail within eight days of service of such notice that the 

scheduled appearance constitutes a hardship, the Commission may, in its 

discretion, set a new date or time for such person's appearance at the 

executive session.

    (d) In the event such persons fail to appear at executive session at 

the time and location scheduled under paragraph (b) or (c) of this 

section, they shall not be entitled to another opportunity to appear at 

executive session, except as provided in Sec. 702.11.

    (e) If such persons intend to submit sworn statements of themselves 

or others, or if they intend that witnesses appear in their behalf at 

executive session, they shall, no later than 48 hours prior to the time 

set under paragraph (b) or (c) of this section, submit to the Commission 

all such statements and a list of all witnesses. The Commission will 

inform such persons whether the number of witnesses requested is 

reasonable within the meaning of paragraph (b) of this section. In 

addition, the Commission will receive and dispose of requests from such 

persons to subpoena other witnesses. Requests for subpoenas shall be 

made sufficiently in advance of the scheduled executive session to 

afford subpoenaed persons reasonable notice of their obligation to 

appear at that session. Subpoenas returnable at executive session shall 

be governed by the provisions of Sec. 702.4.

    (f) Persons for whom an executive session has been scheduled, and 

persons compelled to appear at such session, may be represented by 

counsel at such session to the extent provided by Sec. 702.7.

    (g) Attendance at executive session shall be limited to 

Commissioners; authorized Commission staff personnel; witnesses, and 

their counsel at the time scheduled for their appearance; and such other 

persons whose presence is requested or consented to by the Commission.

    (h) In the event the Commission determines to release or to use 

evidence or testimony that it has determined may tend to defame, 

degrade, or incriminate any persons in such a manner as to reveal 

publicly their identity, such evidence or testimony, prior to such 

public release or use, will be presented at a public session, and the 

Commission will afford them an opportunity to appear as voluntary 

witnesses or to file a sworn statement in their own behalf and to submit 

brief and pertinent sworn statements of others.



[[Page 275]]