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ciliation and of the Parties' right to request reconsideration of such terms of conciliation, within 15 days from date of mailing, in accordance with Rule 6. 7. Reconsideration by the Commission
Any Claimant may request of the Commission a reconsideration of its refusal to issue a Complaint or any Party may so request as to the terms of conciliation. Such request must be in writing, state specifically the grounds upon which it is based, and be filed within 15 days from the date of mailing of the notice of disposition of which reconsideration is requested. It shall be filed in the office of the Commission (personally or by mailing) where the application was previously filed.
The Commission in its discretion shall grant or deny the request for reconsideration. In either event, it may schedule a hearing thereon at such time and place and before such Hearing Commissioner or Commissioners or Hearing Referee or Referees as it may determine, and notice thereof shall be given to all Parties to the proceeding. The Parties may appear in person or by counsel, may present witnesses and testimony, and examine and cross-examine witnesses. A record of such proceedings shall be made and reported to the Commission by the Hearing Commissioner or Commissioners or Hearing Referee or Referees, and the Commission shall thereupon make determination and notify all Parties by registered or certified mail, return receipt requested, and shall issue instructions for appropriate action based upon such determination. 8. Form of Complaint
The Complaint shall be in writing, in such form and content as the Commission shall determine.
9. Service of Complaint
Copies of the Complaint shall be delivered or mailed to the Parties, together with notice to the Respondent to answer the Complaint as hereinafter provided. 10. Amendment of Complaint
The Commission on its own motion or on motion of the Claimant may amend a Complaint at any time prior to issuance of an order based on the Complaint. 11. Ansuer
(a) Time of filing: The Respondent shall file a written verified answer within ten days from the date of service of the Complaint.
(b) Place and manner of filing: The answer shall be filed in duplicate at the office of the Commission where the Complaint originated. The filing shall be by personal delivery, or by registered or certified mail, return receipt requested.
(c) Extension of time for filing: Upon request, the Commission may, for good cause shown, extend the time within which the answer may be filed.
(d) Form: The answer shall be in writing, the original being signed and verified by the Respondent. The answer shall contain the post-office address of the Respondent, and if he is represented by counsel, the name and post-office address of said counsel.
The answer shall contain a general or specitic denial of each and every allegation of the Complaint controverted by the Respondent, or a denial of any knowledge or information sufficient to form a belief, and a statement of any matter constituting a defense.
Any allegation in the Complaint which is not denied or admitted in the answer, unless the Respondent shall state in the answer that he is without knowledge or information sufficient to form a belief, shall be deemed admitted.
(e) Amendment: The Respondent shall have the right reasonably and fairly to amend his answer.
The Respondent's right to amend his answer may be exercised at any time before the first hearing, without permission, and thereafter, in the discretion of the Hearing Commissioner or Commissioners, or Hearing Referee or Referees, on application duly made therefor.
Duplicate copies of an amended answer must be filed with the Commission.
(f) Opening default: Upon application, the Commission may, for good cause shown, open a default in answering.
(g) Service: The Commission within five dars after the date of filing an answer or amended answer, shall send a copy thereof by registered or certified mail, return receipt requested, to the (laimant at his last known place of residence or to his counsel.
(a) Scheduling: Upon or after the issuance and service of a Complaint, the Commission may schedule and summon the Parties to a hearing upon the charges alleged in said Complaint.
The Commission may at any time schedule and conduct a hearing with respect to any matter which in the judgment of the Commission may involve unlawful discrimination and may warrant investigation by the Commission, regardless of whether a Complaint or an application therefor shall have been filed by or with the Commission.
(b) Notice: Notice of the time and place of such hearing shall be mailed or delivered to the Parties at least 20 days prior to the date of such hearing. If counsel shall have previously appeared on behalf of a Party, a copy of such notice of hearing shall be mailed to said counsel.
(c) Who shall conduct: Hearings shall be conducted by one or more Hearing Commissioners, or one or more Hearing Referees, or any combination of Hearing Commissioners and Hearing Referees designated by the Chairman. If more than one Commissioner or Referee conducts a hearing, one of them shall be designated by the Chairman as the presiding member.
(d) Appearance at hearings : Unless waived by the Commission, the Claimant shall be present at the hearing.
The Respondent may appear at the hearing in person or by counsel, examine and cross-examine witnesses and the Claimant and, if he has filed an answer, may submit oral testimony and other evidence in support of said answer. In the discretion of the Hearing Commissioner or Commissioners, or the Hearing Referee or Referees, any other person may be allowed to intervene, in person or by counsel, for such purposes and to such extent as the Hearing Commissioner or Commissioners, or the Hearing Referee or Referees, shall determine.
(e) Place: Hearings shall be held at a place designated by the Chairman, having due regard for the convenience of the Parties and witnesses.
(f) Procedure: The case in support of the Complaint shall be presented at the hearing by the Commission's counsel or by a member of the Commission's staff, or upon notice from Claimant, by the Claimant or his counsel, subject, however, to the right of the Commission to present other or additional evidence or argument.
Hearing Commissioners or Referees shall have full authority to control the procedure of the hearing, to admit or exclude testimony or other evidence without regard to strict rules of evidence, and to rule upon all motions and objections.
Hearing Commissioners or Referees may call and examine witnesses, direct the production of papers or other matter located in the hearing room, and introduce documentary or other evidence.
All oral testimony shall be given under oath or affirmation, and a stenographic transcript of the hearing shall be made by a duly qualified court reporter and kept.
Where hearings are conducted by three or more Commissioners, and/or Ref. erees, all rulings and determinations shall be made by majority rule.
Evidence of the Commission's endeavors at conciliation shall not be admissible at the hearing.
(g) Stipulations: Written stipulations may be introduced in evidence, if signed by each person sought to be bound thereby, or by his counsel. Oral stipulations may be made on the record at open hearing.
(h) Continuation and adjournments: Hearing Commissioners or Referees may continue a hearing from day to day, or adjourn it to a later date, or to a different place by announcement thereof at the hearing, or by appropriate notice to all Parties.
(i) Motions and objections: Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be submitted orally or in writing and shall be included in the transcript of the hearings.
(j) Oral arguments and briefs : Hearing Commissioners or Referees shall permit the Parties or their counsel, the Commission's Counsel, or the member of the Commission's staff presenting the case in support of the Complaint (and may permit interveners) to argue orally before them and to file briefs within such time limits as the Hearing Commissioners or Referees may determine.
(k) Improper conduct. Hearing Commissioners or Referees may exclude from the hearing room or from further participation in the proceeding, any person who engages in improper conduct before them, except a Party, his counsel, or a witness engaged in testifying, each of whom shall be subject to appropriate disciplinary action by the Commission.
(1) Public hearings. Hearings shall be open to the public, unless the Commission shall otherwise determine. 13. Written transcript of the record
The written transcript of the record upon the hearing before the Commission shall consist of the application, the notice of hearing, the Complaint and the verified answer, as the same may have been amended, the stenographic transcript of the hearings, the exhibits and depositions in evidence, written requests or statements, orders, stipulations, and the final order. 14. Orders to compel attendance of witnesses and submission of records
(a) Issuance. The Commission shall have the power to order the submission of books, papers and records and to require the attendance of witnesses, administer oaths, take testimony and receive evidence, and to compel through court authorization complicance with its orders.
(b) Witness or mileage fees. Where an order is issued at the instance of a Party to the inquiry or proceeding, other than the Commission or a member thereof, the cost of service and witness and mileage fees shall be borne by the Party at whose instance it has been requested and issued. When an order is issued at the instance of the Commission, or a member thereof, the cost of such service and witness and mileage fees shall be borne by the Commission. Such witness and mileage fees shall be the same as are paid to witnesses in the circuit courts of the State of Michigan. 15. Depositions
The Commission or any member thereof, on its own motion or on the application of one of the Parties whenever necessary and on such conditions as it or he may determine, shall take or cause to be taken depositions of witnesses residing within or without the State. 16. Orders
(a) Contents. An order of the Commission issued after hearing shall set forth its findings of fact and, in its discretion, an opinion containing the reasons for its decision.
(b) Issuance. If upon all the evidence at the hearing the Commission shall find that a Respondent has engaged in any unlawful discrimination, the Commission shall state its findings of fact and shall issue an order requiring such Respondent to cease and desist from such unlawful discriminatory act and to take such affirmative action as the Commission may deem appropriate, which may include a requirement for report from time to time of the manner and ex tent of compliance. If upon all the evidence the Commission shall find that a Respondent has not engaged in unlawful discrimination, the Commission shall state its findings of fact and shall issue an order dismissing the Complaint as to such Respondent.
(c) Service. Copies of orders shall be sent by registered or certified mail, return receipt requested, to the Claimant, Respondent, and any interveners, ac. companied by a notice of the statutory right to judicial appeal. A copy of the order shall also be transmitted to such public officers as the Commission deems proper.
(d) Filing. All orders issued after a hearing shall be filed with the Director. Such orders shall be open to public inspection during regular office hours of the Commission.
(e) When deemed by the Commission necessary to safeguard the interests of persons concerned and to prevent injustice, the Commission may at any time prior to or subsequent to the issuance of a Complaint, issne its own order or apply to an appropriate court for the issuance of an order, directed to or against any person or persons, enjoining or prohibiting any conduct or threat thereof which jeopardizes or is prejudicial to the rights of any other person or persons in the enjoyment of any right protected by the Constitution.
Any person or persons to or against whom such an order shall have been issued by the Commission and served in person or by mail shall have the right to request of the Commission a reconsideration by the Commission as provided in the provisions of Rule 7.
17. Reopening of proceedings
The Commission, upon its own motion or upon request of any Party or intervener, whenever justice so requires may at any time reopen any closed proceeding upon notice to all Parties and interveners. 18. Appeals from order of the Commission
(a) Who may appeal. Any Party or intervener claiming to be aggrieved by a final order of the Commission, including without limitation a refusal to issue a Complaint, may appeal to the Circuit Court of the State of Michigan having jurisdiction provided by law.
(b) Filing of transcript by Commission. Upon receipt by the Commission of notification from the Party initiating the appeal, the Commission shall cause to be filed in the circuit court in which such appeal has been taken, a transcript of the record of the proceedings before the Commission.
(c) Availability of copy of record. The Commission's copy of the record shall be available during the regular office hours of the Commission to all Parties for examination, without cost, and for the purpose of appeal to the circuit court from the order of the Commission. The Commission's copy of the record in the discretion of the Commission or the Director, also shall be available to interveners and other persons, for such purposes and to such extent as the Commission or the Director may determine. 19. Jodification, or setting aside of orders
Until an appeal shall have been filed in a court, as hereinbefore provided, the Commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside in whole or in part any finding or order made by it. 20. Delegation of powers and duties
Except where contrary to law, the Commission may delegate any of the wholly ministerial powers and duties of the Commission to the members of its staff. 21. Amendment of rules
New rules may be adopted and any rule may be amended or rescinded by the Commission at a regular or special meeting, provided that at least five members are present and voting in favor of such amendment and notice thereof shall have been given to all members of the Commission at least ten days before the meeting at which action is to be taken.
22. Availability of rules
The rules of the Commission shall be available to the public at all offices of the Commission.
These rules shall be liberally construed to accomplish the purposes of the Constitution and the policies of the Commission.
NATIONAL ASSOCIATION OF MANUFACTURERS,
Washington, D.C., July 22, 1965. Hon. JAMES ROOSEVELT, Chairman, General Subcommittee on Labor, Committee on Education and Labor,
Rayburn House Office Building, Washington, D.C. DEAR MR. CHAIRMAN : Thank you very much for your letter of July 2, 1965, inviting this association to have a witness appear and testify before your General Subcommittee on Labor regarding H.R. 9222 having the stated purpose to more effectively prohibit discrimination in employment because of race, color, religion, sex, or national origin, and for other purposes.
I regret to advise that it will not be possible for us to have a witness avail. able to testify on this matter as you suggest. We have, however, few observations regarding this proposed legislation which we will submit herewith and if consistent and appropriate, would appreciate having them incorporated in the record of your hearings on this matter.
As you know, title VII of the Civil Rights Act of 1964 only became effective on July 2, 1965. The Equal Employment Opportunity Commission provided for in title VII to administer this part of the act was appointed as recently as May 10, 1965. The procedural regulations which the Commission is authorized
to promulgate were published in the Federal Register for July 1, 1965. Regulations governing recordkeeping and reporting, as well as “notices" to be posted, etc., have yet to be formulated.
In light of the foregoing, it is clear that the laborious effort by the Congress in enacting the Civil Rights Act of 1964 has as yet had no opportunity to demonstrate whether or not it can or will be an effective device for eliminating discrimination in employment.
It is our understanding that somewhat the same type of administrative agency arrangement and enforcement authority as provided for in H.R. 9222 was considered and discarded by the Congress during the course of legislative action on the Civil Rights Act of 1964. There is as yet no way of knowing whether this was a wise legislative decision or not, since this Title of the Act has been in effect less than a month and the first litigation thereunder filed within the past week or two.
The foregoing will, of course, suggest reasons why we think it is entirely premature to give serious consideration to broadly amending the administration and enforcement provisions of an act which has been in effect less than a month. Despite the fears of some, it is possible that the provisions of the act as written by the Congress after full and careful consideration may prove adequate to accomplish its stated purpose and objectives.
Lest these observations be in anywise misconstrued or misinterpreted, I should like to point out that American industry has already made a rather substantial contribution, on a voluntary basis, toward achieving the objectives sought by the Civil Rights Act. Even before title VII became effective, over 300 of the largest industrial companies in the country employing some 9 million employees had already subscribed to the President's plans-for-progress campaign. This involves a voluntary agreement, supervised and approved by the President's Committee on Equal Employment Opportunity to work toward elimination of discrimination in employment practices. In some respects these voluntary agree. ments go even beyond the requirements of the Civil Rights Act and it is our understanding and belief that all parties concerned are making a good faith effort to make these plans as effective and workable as possible.
Following enactment of the Civil Rights Act and a year before title VII was to become effective, this association embarked on a program involving a series of seminars on title VII which will ultimately encompass practically every metropolitan area in the country. The design of these seminars is to explain and discuss the requirements of title VII to the end that understanding may serve to minimize controversy, misunderstanding, and litigation. Over 18 of these seminars have thus far been held. Participants, in addition to NAM personnel, have included State FEPC officials, Federal Government officials, on occasion officials of civil rights groups and business leaders with experience in the field. The success of these seminars is attested to by a letter from President Johnson when he wrote on May 20, 1965 : "These seminars have contributed significantly to a better understanding of the Civil Rights Act of 1964 and to a fuller appreciation of the meaning of equal employment opportunity.”
The foregoing will indicate that American industry has already made a substantial effort to conform with the provisions of this act. Under the circumstances, you will understand and appreciate our view that to superimpose a broader enforcement authority through a different administrative agency arrangement in this area is quite uncalled for at the present time.
Again, please accept our thanks for your thoughtful invitation and with best wishes. Sincerely,
LAMBERT H. MILLER,
STATEMENT IN SUPPORT OF H.R. 9222 BY EDWARD HOWDEN, EXECUTIVE OFFICER,
CALIFORNIA FAIR EMPLOYMENT PRACTICE COMMISSION The California Fair Employment Practice Commission administers our State fair employment law which was enacted in 19.5.9 under the vigorous leadership of Gov. Edmund G. (Pat) Brown. We have been at work nearly 6 years, and while acutely conscious of grievous conditions still afflicting minority group Californians, we have seen what an effective and indispensable--influence law can be in making a living reality of equal opportunity in the field of