---
kind: "section"
citation: "5 C.F.R. § 1206.9"
title: "5"
number: "1206.9"
heading: "Procedures for expedited closing of meetings."
url: "https://uscodex.org/cfr/5/1206.9"
---

# §1206.9. Procedures for expedited closing of meetings.


Instead of following the procedures described in [§§ 1206.4 through 1206.8](/cfr/5/1206.4..1206.8.md) of this part, and in §§ [1206.11](/cfr/5/1206.11.md) and [1206.12](/cfr/5/1206.12.md), the Board may expedite the closing of its meetings under the following conditions by using the following procedures:

- (a) **Finding.**
  - (1) Most regular Board business consists of reviewing initial decisions in cases adjudicated after an opportunity for a hearing has been provided. Based on a review of this circumstance, the legislative history of the Civil Service Reform Act of 1978 (Pub. L. 95-454), the Government in the Sunshine Act ([5 U.S.C. 552b](/usc/5/552b.md)), and the Board's regulations at [5 CFR part 1201](/cfr/5/part1201.md), the Board finds that a majority of its meetings may properly be closed to the public under 5 U.S.C. [552b(c)(10)](/usc/5/552b.md?p=c-10) and [552b(d)(4)](/usc/5/552b.md?p=d-4).
  - (2) Absent a compelling public interest to the contrary, meetings or portions of meetings that can be expected to be closed under these procedures include meetings held to consider the following: Petitions for review or cases that have been or may be reopened under [5 CFR 1201.114 through 1201.117](/cfr/5/1201.114..1201.117.md); proposals to take action against administrative law judges under [5 CFR 1201.131 through 1201.136](/cfr/5/1201.131..1201.136.md); and actions brought by the Special Counsel under [5 CFR 1201.129](/cfr/5/1201.129.md).
- (b) **Announcement.** The Board will announce publicly, at the earliest practicable time, the time, place, and subject matter of meetings or portions of meetings that are closed under this provision.
- (c) **Procedure for closing meetings under this section.** At the beginning of a meeting or portion of a meeting that is to be closed under this section, the Board may, by recorded vote of two of its members, decide to close the meeting or a portion of it to public observation. The Board may take this action, however, only after it receives a certification by the General Counsel under [§ 1206.6(b)](/cfr/5/1206.6.md?p=b) of this part.
- (d) **Record Availability.** When the Board has closed a meeting or portion of a meeting under this paragraph, it will make the following available as soon as practicable:
  - (1) A written record reflecting the vote of each participating member of the Board with respect to closing the meeting; and
  - (2) The General Counsel certification under [§ 1206.6(b)](/cfr/5/1206.6.md?p=b).

## Notes

### Authority

Authority: 5 U.S.C. 552b.

### Source

Source: 54 FR 20367, May 11, 1989, unless otherwise noted.