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clude: (1) the cost of reproduction of documents, normally 10 cents per page; (2) the cost of postage; and (3) the cost of document searches (normally $5.32 per hour of Commission staff time devoted to the document search). There will be a charge of $1 each for certification of true copies. No more than 10 copies of any document will be furnished. If the estimated fees in respect of any request total $1 or more, they shall be prepaid. Payment shall be made in cash, or by U.S. money order, or by certified bank checks payable to the Treasurer of the United States. Postage stamps will not be accepted.

(f) Exemptions (5 U.S.C. 552(b))— (1) General. 5 U.S.C. 552 authorizes exemption from disclosure of records and information concerning matters that

are:

(i) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(ii) Related solely to the internal personnel rules and practices of an agency; (iii) Specifically exempted from disclosure by statute;

(iv) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(v) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(vi) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(vii) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency;

(viii) 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; and

(ix) Geological and geophysical information and data, including maps, concerning wells.

(2) Confidential communications (5 U.S.C. 552(b) (4)). Among the documents exempt from disclosure pursuant to 5 U.S.C. 552 shall be documents which disclose the fact or the substance of a communication made to the Commission in confidence. A communication shall be deemed to have been made to the Com

mission in confidence if (i) the communicant states that it is made in confidence, or (ii) the substance or circumstances of the communication makes it reasonable to conclude that the communicant would not wish the fact or the substance of the communication disclosed to the public. As a general rule, it shall be deemed reasonable to conclude that a communicant would not wish disclosed to the public a communication alleging, or supporting an allegation of, the commission of wrongs by certain persons or entities.

(3) Investigation files (5 U.S.C. 552 (b) (7)). Among the documents exempt from disclosure pursuant to 5 U.S.C. 552 shall be investigation files or similar documents reflecting investigations which either (i) are conducted for the purpose of determining whether a violation or violations of legal right has taken place, or (ii) have disclosed that a violation or violations of legal right has taken place, except to the extent such files or similar documents are available by law to a party other than an agency.

(g) Administrative appeal from denial of requests. If a request conforming with the requirements of paragraph (d) (1) of this section is denied by the General Counsel, the denial is subject to review by the Staff Director of the Commission provided such review is requested by the person submitting a request for information in accordance with this paragraph (g) within 30 days after the date of the General Counsel's decision. The filing of a request for review may be accomplished by mailing to the Staff Director, U.S. Commission on Civil Rights, Washington, D.C. 20425, by certified mail, a copy of the initiating request for a record, a copy of the written denial issued under this paragraph, and a statement of the circumstances, reasons or arguments advanced for insistence upon disclosure of the originally requested record. Review will be made by the Staff Director on the basis of the written record described above. The decision after review will be in writing, will be promptly communicated to the person requesting review, and will constitute the final action of the Commission subject to judicial review as provided in 5 U.S.C. 552 (a) (3).

(h) Effective date. The regulations of this § 704.1 are effective July 4, 1967. [32 F.R. 9684, July 4, 1967; 32 F.R. 11085, July 29, 1967, as amended at 34 F.R. 7576, May 10, 1969]

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Any person may bring to the attention of the Commission a grievance which he believes falls within the jurisdiction of the Commission, as set forth in section 104 of the Act. This shall be done by submitting a complaint in writing to Office of General Counsel, U.S. Commission on Civil Rights, Washington, D.C. 20425. Allegations falling under section 104(a) (1) and (5) of the Act (discrimination or fraud in voting) must be under oath or affirmation. All complaints should set forth the pertinent facts upon which the complaint is based, including but not limited to specification of (a) names and titles of officials or other persons involved in acts forming the basis for the complaint; (b) accurate designations of place locations involved; (c) dates of events described in the complaint.

[34 F.R. 7577, May 10, 1969]

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(a) By the provisions of section 102(g) of the Act, no evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission, and any person who releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000 or imprisoned for not more than 1 year.

(b) Unless a matter of public record, all information or documents obtained or prepared by any Member, officer, or employee of the Commission, including members of State Advisory Committees, in the course of his official duties, or by virtue of his official status, shall not be disclosed or used by such person for any purpose except in the performance of his official duties.

(c) Any Member, officer, or employee of the Commission including members of State Advisory Committees, who is served with a subpena, order, or other demand requiring the disclosure of such information or the production of such documents shall appear in response to such subpena, order, or other demand and, unless otherwise directed by the Commission, shall respectfully decline to disclose the information or produce the documents called for, basing his refusal upon this section. Any such person who is served with such a subpena, order, or other demand shall promptly advise the Commission of the service of such subpena, order, or other demand, the nature of the information or documents sought, and any circumstances which may bear upon the desirability of making available such information or documents.

PART 705-EMPLOYEE RESPONSIBILITIES AND CONDUCT

Sec.

705.735-1 Adoption of regulations. 705.735-2

Statements of employment and financial interests.

705.735-3 Employee's complaint on filing requirement.

705.735-4 Review of statements of employment and financial interests. 705.735-5 Disciplinary and other remedial action.

705.735-6 Gifts, entertainment, and favors. 705.735-7 Outside employment and other activity.

705.735-8 Miscellaneous statutory provisions.

705.735-9 Specific provisions of Commission regulations governing special Government employees.

AUTHORITY: The provisions of this Part 705 Issued, under E.O. 11222, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.101 et seq.

SOURCE: The provisions of this Part 705 appear at 32 F.R. 14589, Oct. 20, 1967, unless otherwise noted.

§ 705.735-1 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the U.S. Commission on Civil Rights (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101-735.102, 735.201a, 735.202 (a), (d), (e), (f)−735.210, 735.302, 735.303 (a), 735.304, 735.305(a), 735.404-735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

§ 705.735-2 Statements of employment

and financial interests.

(a) Employees of the Commission in the following named positions are required to submit statements of employment and financial interests:

(1) The Staff Director.

(2) The Deputy Staff Director.
(3) The Office Heads.

(4) The Executive Officer of the Commission.

(5) Special Assistants to the Staff Director.

(b) A statement of employment and financial interests is not required under this part from Members of the Commission. Members of the Commission are subject to 3 CFR 100.735.31 and are required to file a statement only if requested to do so by the Counsel to the President.

(c) Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest provisions of section 208 of Title 18, United States Code or the regulations in this part or adopted under § 705.735-1.

[32 F.R. 14589, Oct. 20, 1967, as amended at 34 F.R. 7577, May 10, 1969]

§ 705.735-3 Employee's complaint on filing requirement.

Any employee who thinks that his position has been improperly included under these regulations as one requiring the submission of a statement of employment and financial interest shall have the opportunity for review of his complaint through the Commission's grievance procedure.

§ 705.735-4 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be submitted to and reviewed by the General Counsel, except that the statement of the General Counsel shall be submitted to and reviewed by the Staff Director. When a review indicates a conflict between the interests of an employee or special Government employee of the Commission and the performance of his services for the Government, the reviewing official shall have the indicated conflict brought to the attention of the employee, grant the employee or special Government employee

an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If, in the case of a statement (other than a statement of the Staff Director) reviewed by the General Counsel, the indicated conflict cannot be resolved, the General Counsel shall forward a written report on the indicated conflict to the Staff Director through the Counselor for the Commission designated under 5 CFR 735.105 (a). Should a conflict be indicated in a statement of the Staff Director or the General Counsel, and the conflict cannot be resolved, the reviewing official shall forward a written report on the indicated conflict to the Chairman of the Commission. § 705.735-5 Disciplinary and other remedial action.

An employee or special Government employee of the Commission who violates any of the regulations in this part or adopted under § 705.735-1 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 705.735-6 Gifts, entertainment, and favors.

The Commission authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)-(4).

§ 705.735-7 Outside employment and other activity.

An employee of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilties of his Government employment. An employee who wishes to engage in outside employment shall first obtain the approval, in writing, of the Staff Director or his designee.

§ 705.735-8 Miscellaneous statutory provisions.

All employees and special Government employees of the Commission are subject to the prohibition on disclosure of evidence taken in executive session con

tained in section 102(g) of the Civil Rights Act of 1957, 71 Stat. 634, as amended by the Civil Rights Act of 1964, 78 Stat. 241; 42 U.S.C. 1975a (g).

§ 705.735-9 Specific provisions of Commission regulations governing special Government employees.

(a) Special Government employees of the Commission shall adhere to the standards of conduct applicable to employees as set forth in this part and

adopted under § 705.735-1, except 5 CFR 735.203(b).

(b) Special Government employees of the Commission may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305 (b), the Commission authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by § 705.735-6.

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Sec.

Subpart D-Removals From Eligibility List

801.401 Scope.

801.402

Bases for removals.

801.403

Procedure for removals determined by examiners.

801.404 Notification of removals.

Subpart E-Voting Complaint

801.501 Scope.

801.502 Making a complaint. 801.503 Processing a complaint.

AUTHORITY: The provisions of this Part 801 issued under secs. 7, 9, 79 Stat. 440; 42 U.S.C. 1973e, 1973g.

SOURCE: The provisions of this Part 801 appear at 30 F.R. 9859, Aug. 7, 1965, unless otherwise noted.

Subpart A-General Provisions
Definitions.

§ 801.101

In this part:

(a) "Act" means the Voting Rights Act of 1965, Public Law 89-110.

(b) "Applicant" means a person who presents himself to an examiner at one of the times and places designated by the Commission under § 801.202 for the purpose of being listed as eligible to vote;

(c) "Applications" means the form prescribed by the Commission under the Act for use by a person applying for listing on an eligibility list;

(d) "Commission" means the U.S. Civil Service Commission;

(e) "Day" means a calendar day; (f) "Eligibility list" means a list of eligible voters or supplements to a list of

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