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PART 1602—RECORDS AND REPORTS Sec. 1602.1 General.
PROCEDURE 1602.2 Initiating a proceeding. 1602.3 Notice of a proceeding. 1602.4 Procedure governing public hearings. 1602.5 Decision. 1602.6 Effective date of record keeping and reporting rules.
AUTHORITY : The provisions of this part 1602 issued under section 709, 713, 78 Stat. 263, 265. 8 1602.1 General.
(a) Section 709 of Title VII requires the Commission to establish regulations pursuant to which employers, labor organizations, joint labor-management committees, and employment agencies subject to said Title shall make and preserve certain records and shall furnish specified information to aid in the administration and enforcement of the Title.
(b) This Part 1602 sets forth the procedure to be used by the Commission in establishing, amending and revoking such regulations, and by future amendments will set forth regulations so established.
PROCEDURE $ 1602.2 Initiating a proceeding.
The Commission, on its own motion, or upon the petition of an interested person submitted as provided in § 1601.32 of this chapter, may initiate a proceeding to make, amend, or revoke regulations requiring persons subject to Title VII to make or keep records or to provide information in accordance with section 709. $ 1602.3 Notice of a proceeding.
(a) Notice of the institution of a proceeding shall be published in the FEDERAL REGISTER. Such notice shall (1) refer to section 709 as authority for the proposed regulations and direct attention to this Part 1602 governing the procedure; (2) contain the terms or substance of the proposed regulations; and (3) invite interested persons (i) to participate in a public hearing to be held with respect to the proposed regulations, specifying the time and place that such hearing shall commence and information that must be submitted earlier by persons desiring to participate, and (ii) to submit pertinent written data, views, and argument by means other than participation in a hearing, specifying the time and place for such submission.
(b) The Commission may also give additional notice of the initiation of a proceeding as it may deem necessary or appropriate. $ 1602.4 Procedure governing public hearings.
A hearing under $ 1602.3 shall be conducted by a member of the Commission or its designated representative who shall have authority to administer oaths and affirmations. Such hearings shall be stenographically reported, and transcripts shall be made available to interested persons upon such terms as the Commission may provide. Matter which the Commission may wish to be made a part of the record shall be presented at the hearing by an attorney designated by the Commission who may call and examine witnesses, and cross-examine witnesses called by other persons. Subject to such limitations as the presiding officer may impose to limit the record to petinent matter, every interested person shall be afforded the opportunity to offer evidence through witnesses, to cross-examine witnesses called by others, and to present argument. The presiding officer shall regulate the course of the hearing and shall dispose of procedural requests, objections and comparable matter. The presiding officer shall also have power to call and examine witnesses, to govern the content of the record, to exclude persons from the hearing room for good cause, and, upon the conclusion of the testimony, to keep the hearing open for a stated reasonable time in order to receive written proposals and supporting reasons. $ 1602. Decision.
After the close of the hearing and the receipt of materials under $ 1602.3(a) (3) (ii), the Commission shall carefully consider all matter presented to it and any other matter available, and shall thereafter make a final decision adopting, rejecting, or modifying the proposed regulation. The decision shall be expressed in a document signed by the Chairman of the Commission on
behalf of the Commission and shall be published in the FEDERAL REGISTER as an amendment to this Part 1602. $ 1602.6 Effective date of record keeping and reporting rules.
Except to the extent that such decision of the Commission relieves a restriction, it shall provide an effective date for the change of not less than 30 days after the date of its publication in the FEDERAL REGISTER unless a shorter time is provided for good cause found and expressed in the document. Signed at Washington, D.C., this 28th day of June 1965.
FRANKLIN D. ROOSEVELT, Jr.,
Chairman. (F.R. Doc. 65–6907 ; Filed, June 30, 1965 ; 8:47 a.m.]
CIVIL RIGHTS COMMISSION,
STATE OF MICHIGAN,
Detroit, Mich., July 19, 1965. Hon. JAMES ROOSEVELT,
Chairman, General Subcommittee on Labor,
DEAR REPRESENTATIVE ROOSEVELT: Gov. George Romney has asked that we write you in connection with a hearing to be held on Tuesday, July 20, 1965, on H.R. 9222, a bill to more effectively prohibit discrimination in employment because of race, color, religion, sex, or national origin, and for other purposes.
We would like to submit the following views for consideration by the subcommittee.
The people of Michigan have, in their constitution, a provision establishing a civil rights commission, which commission has broad powers to investigate alleged discrimination against any person because of religion, race, color, or national origin in the enjoyment of civil rights guaranteed by law and by this constitution and to secure the equal protection of such civil rights without such discrimination. A copy of the pertinent provisions of the Michigan constitution and the rules of the Michigan Civil Rights Commission are enclosed. The only protection provided under Federal law at the present time and in the proposed legislation which is not covered under the provisions of the Michigan constitution and law is the guarantee of equal rights in employment without discrimination based on sex.
The Michigan Civil Rights Commission has ample enforcement powers to achieve the purposes set forth in the constitution and indeed the protection of civil rights afforded in our State constitution provides even wider coverage than that provided under existing and proposed Federal legislation.
We note that in the proposed legislation, for example, that jurisdiction has been broadened in this bill to employers of eight or more. We favor this revision. We also note that the time of filing a complaint in the new bill extends the period to 1 year. This also is a constructive amendment. Our new rules provide for 180-day jurisdiction over complaints from the date of the alleged violation in the State of Michigan.
In the Civil Rights Act of 1964, the Congress provided in title VII, section 706(b) that no charge may be filed by an aggrieved person until the expiration of 60 days after proceedings have been commenced under the State or local law. The Congress also provided in section 706(c) that in the case of any charges filed by a member of the commission alleging unfair employment prac. tices in a State with an enforceable law prohibiting the practice, that the U.S. Commission would notify the State or local authority and would grant them a reasonable time, but not less than 60 days to remedy the practice alleged.
In the proposed bill, we find that the sections referred to above, granting States with enforceable powers the right to act upon a charge of discrimination under their own authority prior to the U.S. Commission's entrance into the matter, has been eliminated. We would urge that this provision be retained in any new legislation.
We firmly believe that effective prevention and elimination of discrimination can be best achieved through State and local action in cases where such relief is provided on these levels. We can also appreciate the necessity of the Federal Government stepping into the breach in the absence of the protection afforded under the proposed bill in those States and political subdivisions which either have no enforceable laws, or which have laws which are in contlict with not only the letter, but the spirit of the Federal ('ivil Rights Act.
We are in accord with the provision of H.R. 9222 which provides : "* * * the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements and under which no person may file a complaint under section 6(b)
We are also in accord with the provision which requires the U.S. Commission to rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of the act.
Finally, we welcome the opportunity to work cooperatively with the Federal Government in achieving a status of equality of citizenship and civil rights for all of our citizens without regard to religion, race, color, or national origin. We are appreciative of the opportunity of presenting our views to the House subcommittee in its deliberations of the proposed legislation. Very truly yours,
BURTON I. GORDIN,
Executive Director. Enclosures.
MICHIGAN CIVIL RIGHTS COMMISSION (Following are the portions of the revised constitution of the State of Michigan approved by the people on April 1, 1963, which pertain specifically to civil rights and to the creation of the civil rights commission :)
DECLARATION OF RIGHTS Equal protection; discrimination.
SEC. 2. No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation.
Sec. 29. There is hereby established a civil rights commission which shall consist of eight persons, not more than four of whom shall be members of the same political party, who shall be appointed by the governor, by and with the advice and consent of the senate, for four-year terms not more than two of which shall expire in the same year. It shall be the duty of the commission in a manner which may be prescribed by law to investigate alleged discrimination against any person because of religion, race, color or national origin in the enjoyment of the civil rights guaranteed by law and by this constitution, and to secure the equal protection of such civil rights without such discrimination. The legislature shall provide an annual appropriation for the effective operation of the commission. Rules and regulations; hearings, orders.
The commission shall have power, in accordance with the provisions of this constitution and of general laws governing administrative agencies, to promulgate rules and regulations for its own procedures, to hold hearings, administer oaths, through court authorization to require the attendance of witnesses and the submission of records, to take testimony, and to issue appropriate orders. The commission shall have other powers provided by law to carry out its purposes. Nothing contained in this section shall be construed to diminish the right of any party to direct and immediate legal or equitable remedies in the courts of this state. Appeals.
Appeals from final orders of the commission, including cease and desist orders and refusals to issue complaints, shall be tried de novo before the circuit court having jurisdiction provided by law.
STATE OF MICHIGAN CIVIL RIGHTS COMMISSION
CERTIFICATION : This is to certify that the following is a true and correct cops of the Rules governing organization, practice and procedure adopted by the Michigan Civil Right Commission on August 11, 1964.
SIDNEY M. SHEVITZ, Secretary of the Commission.
RULES GOVERNING ORGANIZATION, PRACTICE AND PROCEDURE
These rules are promulgated pursuant to Article V, Section 29, of the Constitution of the State of Michigan.
The purpose of these rules is to specify practices and procedures for the process. ing of Complaints brought to, by or before the Civil Rights Commission, of investigatory hearings and proceedings, and to provide for the organization of the Commission.
The civil rights within the jurisdiction of the Commission shall be those guaranteed by law and the Constitution including, but not limited to, the areas of civil liberities, employment, education, housing, and public accomodations; and the jurisdiction of the Commission shall not be limited to the processing of Complaints. 2. Definitions
When used in these rules:
(a) The term “person" includes one or more individuals, partnerships, associations, organization, corporations, legal representatives, trustees, trustees in bankruptcy, receivers or other organized groups of persons.
(b) The term “Commission” shall mean the State Civil Rights Commission created by Article V, Section 29, of the Michigan Contitution. The term “Commissioner” shall mean any member of the Civil Rights Commission.
(c) The term “Chairman” shall mean the duly appointed or elected Chairman or a Co-Chairman of the Civil Rights Commission, or, in the event of his or their absence, the acting Chairman designated by the remaining members of the Commission.
(d) The term “Director" shall mean the Executive Director engaged by the Commission.
(e) The term "Commission Investigator" shall mean a member, an agent or employee of the Commission designated or delegated by the Commission to make an investigation.
(f) The term “Hearing Commissioner” shall mean a Commissioner designated by the Chairman or the Commission to conduct a hearing.
(g) The term "Hearing Referee" shall mean an agent or employee of the Commission designated or delegated by the Chairman or the Commission, or the Director, to conduct a hearing.
(h) The term "Commission's Counsel" shall mean the State Attorney General, or such assistants of the Attorney General as may be assigned to the Commission, or such other attorney as may be engaged by the Commission.
(i) The term "Claimant” shall mean any person who shall have applied to the Commission for the issuance of a Complaint.
(j) The term “Respondent” shall mean any person against whom the Claimant shall have complained, or against whom the Commission may have issued a Complaint.
(k) The term "Party" or "Parties” shall mean the Claimant and/or the Re spondent and/or the Commission where appropriate.
(1) The term "Constitution” shall mean the Constitution of the State of Michigan. 3. State Ciril Rights Commission: election and tenure of officers, quorum; rofing
procedures (a) The Commission each January shall elect from its members by a majority rote of the Commission a Chairman or Cochairmen and such other officers as the Commission shall determine, who shall serve during the balance of the calendar year and until their successors have been duly elected and qualified.
(b) A majority of all the members of the Commission shall constitute a quorum. A majority of all the members shall be required to deride matters of non-ministerial nature, but a majority of a quorum may decide ministerial matters. A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission. 4. Application for complaint
(a) Who may file.
(a-1) Any person claiming to be aggrieved by unlawful discrimination against him may by himself or his agent, make, sign and file with the Commission an application to issue a Complaint. Assistance in drafting and filing applications shall be available, without charge, to Claimants at all Commission offices.
(a-2) Any Commissioner, or an agent authorized by the Commission, may initiate, make, sign and file an application.
(b) Form. The application shall be in writing, the original being signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished without charge by the Commission.
(c) Contents. The application shall include the following: (C-1) The full name and address of the Claimant and his agent, if any. (C-2) The full name and address of the Respondent. (0-3) The alleged discrimination and a statement of the particulars thereof.
(644) The date or dates of the alleged discrimination, and, if the alleged discrimination is of a continuing nature, the dates between which said continuing discrimination is alleged to have occurred.
(C-5) A statement as to any other proceeding, civil or criminal, based upon the same grievance as is alleged in the application, itogether with a statement as to the status or disposition of such other action. Where such a proceeding is pending, the Commission may, in its discretion, delay Commission consideration or action.
(d) Place of filing. The application shall be filed with the Commission at one of its offices.
(e) Time of filing. The application must be filed within 180 days from the date of the occurrence of the alleged discrimination. If the alleged discrimination is of a continuing nature, the date of the occurrence of said discrimination shall be deemed to be any date subsequent to the commencement of the discrimination up to and including the date upon which the discrimination shall have ceased.
(f) Manner of filing. The application may be filed by personal delivery, or by mail addressed to one of the Commission's offices.
(g) Forms. Application forms may be obtained at any of the offices of the Commission.
(h) Notification. At or prior to the commencement of any investigation under an application, a brief written description of the charges made against the Respondent in the application shall be delivered or mailed to the Respondent.
(i) Withdrawal. An application, or any part thereof, may be withdrawn only on written consent of the Commission upon such conditions as shall be deemed proper in the circumstances. 5. Issuance of Complaint
(a) If the Commission shall determine that there are sufficient grounds therefor, a Complaint shall be issued on behalf of the Commission.
(b) Refusal to issue Complaint. If the Commission shall determine that there are insufficient grounds on which to base a Complaint, it shall refuse to issue a Complaint and shall notify the Parties by registered or certified mail, return receipt requested, of such determination and of such refusal, together with the reasons therefor, and of the Claimant's right to request the Commission for reconsideration of such determination within 15 days from the date of such mailing, in accordance with the provisions of Rule 7. 6. Conference and conciliation
(a) Prior to the issuance of a Complaint, the Respondent may be invited to participate in conference and conciliation in an endeavor to eliminate the alleged discrimination.
(b) Nondisclosure of facts. The members of the Commission and its staff shall not disclose what has transpired in the course of such endeavors at conference and conciliation.
(c) Conciliation. If the Commission shall succeed in its endeavors at conference and conciliation it shall mark the case accordingly and notify the parties by registered or certified mail, return receipt requested, of the terms of con