[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1612.13]

[Page 267-268]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1612_GOVERNMENT IN THE SUNSHINE ACT REGULATIONS--Table of Contents
 
Sec. 1612.13  Meetings closed by regulation.

    (a) This paragraph constitutes the Commission's regulation 
promulgated pursuant to paragraph (d)(4) of the Government in the 
Sunshine Act and may be invoked by the agency to close meetings or 
portions thereof where the subject matter of such meeting or portion of 
a meeting is likely to involve:
    (1) Matters pertaining to the issuance of subpoenas;
    (2) Subpoena modification and revocation requests, and
    (3) The Agency's participation in civil actions or proceedings 
pertaining thereto.
    (b) When closing a meeting or portion thereof under the Commission's 
regulation set forth in paragraph (a) of this section, a majority of the 
Commission membership shall vote at or before the beginning of such 
meeting or portion thereof to do so. The vote to close a meeting by 
regulation shall be recorded and made publicly available.
    (c) The Commission's determination to promulgate the regulation in 
paragraph (a) of this section is based upon a review of the agenda of 
Commission meetings for the two years prior to the promulgation of these 
regulations.

[[Page 268]]

    (1) Since the Commission's practice of conducting weekly meetings 
began in 1975, proposed litigation against title VII respondents has 
been a regular agenda item. The tenth exemption of the Government in the 
Sunshine Act, 5 U.S.C. 552b(c)(10), exempts the discussion of these 
matters from the open meeting requirements of the Act.
    (2) Thus, the Commission has determined that a majority of its 
meetings or portions thereof may properly be closed to the public under 
the tenth exemption of the Sunshine Act, and that paragraph (d)(4) of 
the Sunshine Act is properly relied upon in promulgating the 
Commission's regulation in paragraph (a) of this section.