[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1612.5]

[Page 253-254]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1612--GOVERNMENT IN THE SUNSHINE ACT REGULATIONS--Table of Contents
 
Sec. 1612.5  Closed meeting procedures: agency initiated requests.

    (a) Any member of the agency, the Legal Counsel, or any other 
Commission official submitting an agenda item for the subject meeting 
may request that any meeting or portion thereof be closed to public 
observation for any of the reasons provided in Sec. 1612.4 of this part 
by submitting a request in writing to the Commission through the Office 
of the Executive Secretariat no later than fourteen (14) calendar days 
prior to the meeting.
    (b) Upon receipt of any request made under paragraph (a) of this 
section, the Executive Secretary shall submit the request to the Legal 
Counsel for certification in accordance with Sec. 1612.9 of this part.
    (c) No later than seven (7) calendar days prior to the scheduled 
meeting the members of the agency shall, upon consideration of the 
request submitted and consideration of the certified opinion of the 
Legal Counsel, determine by recorded vote whether to close the meeting 
or portion of the meeting to public observation. The members may vote 
less than seven days prior to the scheduled meeting where:
    (1) A majority of the members of the Commission determines by 
recorded vote that agency business requires that any such meeting or 
series of meetings be held at an earlier date.
    (2) A meeting is closed under the Commission's regulation as set 
forth in Sec. 1612.13(a) of this part.
    (3) A meeting is closed pursuant to a request made under Sec. 1612.6 
of this part and submitted less than seven days prior to the meeting.
    (4) There is a need to change the subject matter or the 
determination to open or close a meeting previously announced.
    (d) The Commissioner shall, at the same time, vote on whether to 
withhold any information pertaining to the meeting and otherwise 
required to be announced (Sec. 1612.7(a)(3)) or made publicly available 
(paragraphs (f) (2) and (3) of this section).
    (e) A meeting, portion of a meeting, or series of meetings may be 
closed to public observation only when a majority of the entire agency 
membership votes to take such action. Information pertaining to a 
meeting, portion of a meeting or series of meetings otherwise required 
to be announced (Sec. 1612.7(a)(3)) or made publicly available 
(paragraphs (f) (2) and (3) of this section) shall be withheld only when 
a majority of the entire agency membership votes to take such action.
    (f) With respect to each vote taken on whether a meeting should be 
open or closed, the agency shall, within one day of such vote, make 
publicly available the following information:

[[Page 254]]

    (1) A written copy of the vote of each participating Commission 
member on the question.
    (2) A written explanation of Commission action closing a meeting or 
portions thereof, and
    (3) The name and affiliation of any persons who are expected to 
attend a closed meeting.
    (g) The agency shall, within one day, make publicly available the 
vote of each Commission member on whether or not to withhold any of the 
information described in paragraphs (f) (2) or (3) of this section.
    (h) A separate vote shall be taken for each meeting proposed to be 
closed to the public and with respect to any information proposed to be 
withheld from the public. 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, if each 
meeting involves the same particular matters and is scheduled to be held 
no later than thirty (30) calendar days after the first meeting in the 
series.

[42 FR 13830, Mar. 14, 1977, as amended at 47 FR 46276, Oct. 18, 1982]