Part 701

702

703

704

(a) The Commission's responsibilities under section 104(a) of the Act may be summarized briefly as follows:

(1) Investigating sworn allegations that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of color, race, religion, or national origin;

(2) Studying and collecting information concerning legal developments constituting a denial of equal protection of the laws under the Constitution;

(3) Appraising the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution;

(4) Serving as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion, or national origin;

(5) Investigating sworn allegations that citizens are being accorded or denied the right to vote in Federal elections as a result of patterns or practices of fraud or discrimination.

(b) Under section 104(b) of the Act the Commission is charged with: The

submission of interim reports to the President and to the Congress at such times as the Commission, the Congress, or the President shall deem desirable, and the submission to the President and to the Congress of the final report of its activities, findings, and recommendations not later than January 31, 1973.

(c) In fulfilling these responsibilities the Commission is authorized by the Act to hold hearings; to constitute State Advisory Committees; to consult with Governors, Attorneys General, other representatives of State and local governments, and private organizations; and to issue subpenas for the production of documents and the attendance of witnesses. The Act also provides that all Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.

[32 F.R. 4062, Mar. 15, 1967, as amended at 33 F.R. 14406, Sept. 25, 1968]

Subpart B-Organization Statement § 701.11 Membership of the Commission.

Pursuant to section 101 of the Act:

(a) The Commission is composed of six members, appointed by the President by and with the advice and consent of the Senate, not more than three of whom are of the same political party.

(b) The Chairman and Vice-Chairman of the Commission are designated by the President, the Vice-Chairman acting as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(c) No vacancy in the Commission affects its powers and any vacancy is filled in the same manner and subject to the same limitation with respect to party affiliations as the original appointment was made.

(d) Four members of the Commission constitute a quorum.

§ 701.12 Staff organization.

(a) Pursuant to section 105 (a) of the Act, the staff of the Commission consists of a Staff Director, appointed by the President by and with the advice and consent of the Senate, and of such other personnel as the Commission may appoint within the limitations of its appropriation.

(b) The staff organization of the Commission is as follows:

(1) Office of the Staff Director. Under the general direction of the Commission,

the Office of the Staff Director plans the agency work programs; directs, supervises, and coordinates the work of offices; reports plans, work programs, and activities of the agency to the Commission; represents the agency in relationships with the Executive Office of the President, the Congress, other Federal agencies, the press, national civil rights organizations, other private and local groups, and the general public; and manages the administrative affairs of the agency.

(2) Office of General Counsel. The Office of General Counsel plans and conducts hearings to investigate and obtain information about civil rights denials; conducts studies and prepares reports in areas within the jurisdiction of the Commission, particularly in the areas of the administration of justice and voting; receives complaints alleging denials of civil rights, refers these to Federal agencies having jurisdiction and follows up on action taken; drafts or reviews proposals for legislative and executive action in civil rights and prepares testimony on civil rights legislation; reviews all agency publications for legal sufficiency; provides in-house legal counsel to the agency; and drafts and negotiates all agency contracts.

(3) Office of Civil Rights Program and Policy. The Office of Civil Rights Program and Policy conducts appraisals of Federal laws, policies, administration, and programs; maintains liaison with Federal agencies on civil rights policies, administration, and programs; provides technical research assistance to other Commission units and to public and private groups and individuals; plans and conducts or stimulates studies to advance basic knowledge about the extent, causes and socioeconomic consequences of civil rights denials, including, but not limited to the areas of housing, education, economic security and welfare; and prepares clearinghouse materials.

(4) Office of Information and Publications. The Office of Information and Publications prepares and disseminates information about the Commission and its studies and publications through various techniques of communication; prepares or assists in the preparation of clearinghouse publications; edits and prepares for printing all Commission publications, including hearing transcripts and reports; maintains liaison with news media; writes speeches and coordinates speaking engagements of Commission

staff; maintains informational liaison with public and private groups and individuals interested in civil rights; and maintains a Technical Information Center for the storage, retrieval, and dissemination of information related to civil rights problems and minority groups.

(5) Office of Management. The Office of Management provides management services to the agency in the areas of personnel, financial management, program analysis, procurement, space, travel, reproduction, mail, and messenger services.

(6) Office of Community Programing. The Office of Community Programing plans and directs field offices and field programs of the Commission; develops, organizes, and supervises field activities including investigations, meetings, conferences, and the preparation of reports of State Advisory Committees to the Commission which are located in each State and the District of Columbia: assists other Commission units in carrying out hearings, meetings, studies, and clearinghouse functions in the field; maintains liaison with public and private organizations and individuals interested in civil rights at the regional, State, and local levels; and provides informational services to field offices, State Advisory Committees and other public and private groups whose goals and activities are consistent with those of the Commission. [33 F.R. 9176, June 21, 1968, as amended at 34 F.R. 7576, May 10, 1969]

§ 701.13 Field offices.

The Commission has established field offices at:

Federal Office Building, 167 North Main Street. Memphis, Tenn.

1428 New Federal Building, 219 South Dearborn Street, Chicago, Ill.

U.S. Courthouse and Federal Building, Suite 1739, 312 North Spring Street, Los Angeles, Calif.

Federal Building, 26 Federal Plaza, New York, N.Y. 10007.

[33 F.R. 9176, June 21, 1968 as amended at 33 F.R. 14406, Sept. 25, 1968]

For purposes of the following Rules on Hearings of the United States Commission on Civil Rights, the following definitions shall apply, unless otherwise provided:

(a) "The Act" shall refer to the Civil Rights Act of 1957, 71 Stat. 634, as amended.

(b) "The Commission" shall refer to the United States Commission on Civil Rights or, as provided in § 702.2, to any authorized subcommittee thereof.

(c) "The Chairman" shall refer to the Chairman of the Commission or authorized subcommittee thereof or to any acting Chairman of the Commission or of such subcommittee.

(d) "Proceeding" shall refer collecttively to any public session of the Commission and any executive session held in connection therewith.

(e) "Hearing" shall refer collectively to a public session of the Commission and any executive session held in connection therewith, but shall not include a session held for the sole purpose of receiving subpenaed documents.

(f) "The rules in this part" shall refer to the Rules on Hearings of the Commission.

§ 702.2 Authorization for hearing.

Under section 105(f) of the Act the Commission or, on the authorization of the Commission, any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of the Act, hold such hearings and act at such times and places as the Commission or such authorized

subcommittee may deem advisable; and the holding of hearings by the Commission or the appointment of a subcommittee to hold hearings pursuant to this section must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

§ 702.3 Notice of hearing.

At least 30 days prior to the commencement of any hearing, the Commission shall cause to be published in the FEDERAL REGISTER notice of the date on which such hearing is to commence, the place at which it is to be held, and the subject of the hearing.

(a) Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued by the Commission over the signature of the Chairman and may be served by any person designated by him.

(b) A witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the rules in this part at the time of service of the subpena.

(c) The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a place outside the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpenas for the attendance and testimony of witnesses and the production of written or other matter at a place within 50 miles of the place where the witness is found or resides or is domiciled or transacts business or has appointed an agent for receipt of service of process.

(d) The Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses except as otherwise provided in §702.6(e).

(e) Requests for subpena shall be in writing, supported by a showing of the general relevance and materiality of the evidence sought. Witness fees and mileage, computed pursuant to § 702.15, shall be paid by the person at whose instance a witness is subpenaed.

(f) Subpenas shall be issued at a reasonably sufficient time in advance of their scheduled return, in order to give the person subpenaed an opportunity to prepare for his appearance and to employ counsel, should he so desire.

(g) No subpenaed document or information contained therein shall be made public unless it is introduced into and received as part of the official record of the hearing.

§ 702.5 Conduct of proceedings.

(a) The Chairman shall announce in an opening statement the subject of the proceeding.

(b) Following the opening statement, the Commission shall first convene in executive session if one is required pursuant to the provisions of § 702.6.

(c) The Chairman shall, subject to the approval of the Commission

(1) Set the order of presentation of evidence and appearance of witnesses; (2) Rule on objections and motions; (3) Administer oaths and affirmations;

(4) Make all rulings with respect to the introduction into or exclusion from the record of documentary or other evidence;

(5) Regulate the course and decorum of the proceeding and the conduct of the parties and their counsel to insure that the proceedings are conducted in a fair and impartial manner.

(d) Proceedings shall be conducted with reasonable dispatch and due regard shall be had for the convenience and necessity of witnesses.

(e) The questioning of witnesses shall be conducted only by Members of the Commission, by authorized Commission staff personnel, or by counsel to the extent provided in § 702.7.

(f) In addition to persons served with a copy of the rules in this part pursuant to §§ 702.4 and 702.6, a copy of the rules in this part will be made available to all witnesses.

(g) The Chairman may punish breaches of order and decorum by censure and exclusion from the proceedings. § 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 person 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 him, before deciding to use such evidence or testimony.

(1) Such person shall be served with notice in writing of the date, time, and place made available for the appearance of witnesses at executive session, at least 10 days prior to such date, 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 which 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 personally by depositing the same in the United States mail as certified mail, or by leaving a copy thereof at the last known residence or business address of such person.

(3) The date of service, for purposes of this section, shall be the day when the material is deposited in the United States mail or is delivered in person, as the case may be. When service is made by certified 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 5 days of service of such notice, or where service is by mail within 8 days of service of such notice that the time schedule therein constitutes a hardship, the Commission may, in its discretion, set a new time for his appearance at executive session.

(d) In the event such person fails to appear at executive session at the time and place made available under paragraph (b) or (c) of this section, he shall not be entitled to another opportunity to appear at executive session, except as provided in § 702.11.

(e) If such person intends to submit sworn statements of himself or others, or if he intends to request that witnesses appear in his behalf at executive session, he 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 such witnesses. The Commission will inform

such person 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 person to subpena other witnesses. Requests for subpenas shall be made sufficiently in advance of the scheduled executive session as to afford persons subpenaed reasonable notice of their obligation to appear at that session. Subpenas returnable at executive session shall be governed by the provisions of § 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 § 702.7.

(g) Attendance at executive session shall be limited to Members of the Commission, 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 which it has determined may tend to defame, degrade, or incriminate any person, in such a manner as to reveal publicly the identity of such person, such evidence or testimony, prior to such public release or use, will be presented at a public session, and the Commission will afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others.

(a) Any person compelled to appear in person before the Commission and any witness appearing at a public session of the Commission will be accorded the right to be accompanied and advised by counsel, who will have the right to subject his client to reasonable examination, and to make objections on the record and to argue briefly the basis for such objections.

(b) For the purpose of this section, "counsel" shall mean an attorney at law admitted to practice before the Supreme Court of the United States, or the highest court of any State or Territory of the United States.

(c) The failure of any person to obtain counsel shall not excuse him from attendance in response to a subpena, nor shall any person be excused in the event