§ 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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