Goto Section: 0.605 | 0.607 | Table of Contents
Revised as of August 6, 2020
Goto Year:2019 |
§ 0.606 Procedures for closing a meeting to the public.
(a) For every meeting closed under § 0.603, the General Counsel will
certify that there is a legal basis for closing the meeting to the
public and will state each relevant provision of § 0.603. The staff of
the agency will refer the matter to the General Counsel for
certification before it is referred to the agency for a vote on closing
the meeting. Certifications will be retained in a public file in the
Office of the Secretary.
(b) The agency will vote on the question of closing a meeting.
(1) If a member of the agency requests that a vote be taken;
(2) If the staff recommends that a meeting be closed and one member of
the agency requests that a vote be taken; or
(3) If a person whose interests may be directly affected by a meeting
requests the agency to close the meeting for any of the reasons listed
in § 0.603 (e), (f) or (g), or if any person requests that a closed
meeting be opened, and a member of the agency requests that a vote be
taken. (Such requests may be filed with the Secretary at any time prior
to the meeting and should briefly state the reason(s) for opening or
closing the meeting. To assure that they reach the Commission for
consideration prior to the meeting, they should be submitted at the
earliest practicable time and should be called specifically to the
attention of the Secretary—in person or by telephone. It will be
helpful if copies of the request are furnished to the members of the
agency and the General Counsel. The filing of a request shall not stay
the holding of a meeting.)
(c) A meeting will be closed to the public pursuant to § 0.603 only by
vote of a majority of the entire membership of the agency. The vote of
each participating Commissioner will be recorded. No Commissioner may
vote by proxy.
(d) A separate vote will be taken before any meeting is closed to the
public and before any information is withheld from the meeting notice.
However, a single vote may be taken with respect to a series of
meetings proposed to be closed to the public, and with respect to
information concerning such series of meetings (a vote on each
question, if both are presented), if each meeting involves the same
particular matters and is scheduled to be held no later than 30 days
after the first meeting in the series.
(e) Less than seven days notice may be given only by majority vote of
the entire membership of the agency.
(f) The subject matter or the determination to open or close a meeting
will be changed only if a majority of the entire membership of the
agency determines by recorded vote that agency business so requires and
that no earlier announcement of the change was possible.
[ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006]
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Goto Section: 0.605 | 0.607
Goto Year: 2019 |
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