Purpose and scope of meetings
Questions & Answers
Under 2203.1, what is the primary purpose of these rules?
The primary purpose is to implement the Government in the Sunshine Act and to make Commission meetings open to public observation to the extent practicable, as stated in 2203.1.
- The provision balances openness with the Commission’s need to carry out its adjudicatory role and to protect individuals’ rights.
- See the overall part at Part 2203.
Under 2203.1, which federal law does this part implement?
This part implements the Government in the Sunshine Act, 5 U.S.C. 552b, as noted in 2203.1.
- The rule explicitly ties the purpose of opening meetings to that statutory requirement.
Under 2203.1, must every Commission meeting be open to the public without limitation?
No; meetings should be open to public observation only "to the extent practicable," while preserving the Commission's ability to fulfill its adjudicatory responsibilities and protecting individuals' rights, as explained in 2203.1.
- The text creates a practical balance rather than an absolute rule of openness.
- For the overall part context, see Part 2203.
Under 2203.1, what does the phrase 'to the extent practicable' mean for meeting openness?
The phrase means meetings should be opened for public observation as much as is reasonably possible, consistent with preserving the Commission's adjudicatory functions and protecting individuals' rights, according to 2203.1.
- The text does not provide a detailed test; it establishes a flexible standard tied to adjudicatory and rights-protection concerns.
Under 2203.1, what competing interests must the Commission consider when opening meetings?
The Commission must balance public observation against its need to carry out adjudicatory responsibilities and to protect individuals' rights, per 2203.1.
- Openness is the presumption, but it is limited where necessary to preserve adjudication and protect rights.
Under 2203.1, does this part apply to meetings of other agencies or bodies?
No; this part specifically applies to meetings of the Occupational Safety and Health Review Commission, as stated in 2203.1.
- Other agencies are governed by their own rules implementing the Government in the Sunshine Act or related statutes.
Under 2203.1, what is the stated goal regarding individuals' rights?
The stated goal is to protect the rights of individuals while the Commission opens its meetings to public observation, as set out in 2203.1.
- The provision makes clear that openness must not come at the expense of individual rights tied to the Commission’s adjudicatory work.
Under 2203.1, how does this part relate to the Commission's adjudicatory responsibilities?
This part requires opening meetings to the public only insofar as doing so does not interfere with the Commission’s ability to perform its adjudicatory responsibilities, as described in 2203.1.
- The rule explicitly preserves the Commission’s capacity to decide cases and carry out its adjudicative functions.
Under 2203.1, is transparency the only objective of these rules?
No; while transparency is an explicit objective, the rules also aim to preserve adjudicatory effectiveness and protect individuals’ rights, according to 2203.1.
- The part frames openness as one of several objectives that must be balanced.
Under 2203.1, where can I find the official statement of purpose and scope for these rules?
Under 2203.1, does the part tell you exactly how to protect individuals' rights during a meeting?
No; 2203.1 sets the objective of protecting individuals' rights but does not prescribe detailed procedures for how those protections must be implemented, as seen in 2203.1.
- The provision establishes a principle; operational details would come from implementing rules, guidance, or practice.
Under 2203.1, can the Commission use the part to justify keeping a meeting closed entirely?
Not by 2203.1 alone; the part requires opening meetings to public observation "to the extent practicable," and closure must be justified by the need to preserve adjudicatory responsibilities or protect individuals' rights, per 2203.1.
- The text sets a presumption of openness constrained only by these specific considerations.
Under 2203.1, does the part replace the Government in the Sunshine Act or does it implement it?
This part implements the Government in the Sunshine Act rather than replacing it, as explicitly stated in 2203.1.
- The regulation ties its purpose directly to carrying out the statute's requirements.
Under 2203.1, why is the balance between openness and adjudicatory function important?
The balance is important because the part aims to make meetings observable by the public while ensuring the Commission can still perform its adjudicatory duties and protect individuals' rights, as explained in 2203.1.
- The provision recognizes that absolute openness could undermine necessary legal processes or individual protections.