[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR905.737-102]

[Page 172-174]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
         CHAPTER IX--PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
 
PART 905--STANDARDS OF CONDUCT--Table of Contents
 
Subpart F--Conduct and Responsibilities of Former Employees--Enforcement
 
Sec. 905.737-102  Enforcement proceedings.

    (a) Delegation. The Chairman of the Corporation may delegate his or 
her authority under this subpart.
    (b) Initiation of disciplinary hearing. (1) Information regarding a 
possible violation of 18 U.S.C. 207 or 5 CFR part 737 should be 
communicated to the Chairman. The Chairman shall promptly initiate an 
investigation to determine whether there is reasonable cause to believe 
that a violation has occurred.
    (2) On receipt of information regarding a possible violation of 18 
U.S.C. 207, and after determining that such information appears 
substantiated, the Chairman of the Corporation shall expeditiously 
provide such information, along with any comments or regulations of the 
Corporation, to the Director of the Office of Government Ethics and to 
the Criminal Division, Department of Justice. The Corporation shall 
coordinate any investigation with the Department of Justice to avoid 
prejudicing criminal proceedings, unless the Department of Justice 
communicates to the Corporation that it does not intend to initiate 
criminal prosecution.
    (3) Whenever the Corporation has determined after appropriate 
review, that there is reasonable cause to believe that a former employee 
has violated 18 U.S.C. 207 or 5 CFR part 737, it shall initiate a 
disciplinary proceeding by providing the former employee with notice as 
defined in paragraph (c) of this section.
    (4) At each stage of any investigation or proceeding under this 
section, the Chairman shall take whatever steps are necessary to protect 
the privacy of the former employee. Only those individuals participating 
in an investigation or hearing shall have access to information 
collected by the Corporation pursuant to its investigation of the 
alleged violation.
    (c) Adequate notice. (1) The Corporation shall provide the former 
employee with adequate notice of its intention to

[[Page 173]]

institute a proceeding and an opportunity for a hearing.
    (2) Notice to the former employee must include:
    (i) A statement of the allegations (and the basis thereof) 
sufficiently detailed to enable the former employee to prepare an 
adequate defense;
    (ii) Notification of the right to a hearing;
    (iii) An explanation of the method by which a hearing may be 
requested; and
    (iv) Notification that if a hearing is not requested within thirty 
days of receipt of notice, the Corporation will issue a final decision 
finding the alleged violations to have occurred.
    (3) Failure to request a hearing within thirty days of the receipt 
of notice will be deemed an admission of the allegations contained in 
the notice and will entitle the Corporation to issue a final decision 
finding the alleged violations to have occurred.
    (d) Presiding official. (1) The presiding official at proceedings 
under this subpart shall be the Chairman, or an individual to whom the 
Chairman has delegated authority to make an initial decision 
(hereinafter referred to as examiner).
    (2) An examiner shall be an employee of the Corporation who is 
familiar with the relevant provisions of law and who is otherwise 
qualified to carry out the duties of that position. He or she shall be 
impartial. No individual who has participated in any manner in the 
decision to initiate the proceedings may serve as an examiner.
    (e) Time, date and place. (1) The hearing shall be conducted at a 
reasonable time, date, and place.
    (2) On setting a hearing date, the presiding official shall give due 
regard to the former employee's need for:
    (i) Adequate time to prepare a defense properly; and
    (ii) An expeditious resolution of allegations that may be damaging 
to his or her reputation.
    (f) Hearing rights. A hearing shall include the following rights:
    (1) To represent oneself or to be represented by counsel;
    (2) To introduce and examine witnesses and to submit physical 
evidence;
    (3) To confront and cross-examine adverse witnesses;
    (4) To present oral argument; and
    (5) To receive a transcript or recording of the proceedings, on 
request.
    (g) Burden of proof. In any hearing under this subpart, the 
Corporation has the burden of proof and must establish substantial 
evidence of a violation.
    (h) Hearing decision. (1) The presiding official shall make a 
determination exclusively on matters of record in the proceeding, and 
shall set forth in the decision all findings of fact and conclusions of 
law relevant to the matters at issue. If the hearing is conducted by the 
Chairman, the resulting written determination shall be an initial 
decision.
    (2) Within thirty days of the date of an initial decision, either 
party may appeal the decision to the Chairman. The Chairman shall base 
his or her decision on such appeal solely on the record of the 
proceedings on those portions thereof cited by the parties to limit the 
issues.
    (3) If the Chairman modifies or reverses the initial decision, he or 
she shall specify such findings of fact and conclusions of law as are 
different from those of the examiner.
    (4) If no appeal is taken from an initial decision within thirty 
days, the initial decision shall become a final decision.
    (i) Sanctions. The Chairman shall take appropriate action in the 
case of any individual who is found to be in violation of 18 U.S.C. 207 
or 5 CFR part 737 after a final decision by:
    (1) Prohibiting the individual from making, on behalf of any other 
person except the United States, any formal or informal appearance 
before, or, with the intent to influence, any oral or written 
communication to, the Corporation on any matter of business for a period 
not to exceed five years, which may be accomplished by directing 
employees of the Corporation to refuse to participate in any such 
appearance or to accept any such communication; or
    (2) Taking other appropriate disciplinary action.
    (j) Judicial review. Any person found by the Corporation to have 
participated in a violation of 18 U.S.C. 207 or

[[Page 174]]

5 CFR part 737 may seek judicial review of the determination in an 
appropriate United States District Court.

[48 FR 38233, Aug. 23, 1984]