[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR20.603]

[Page 429-430]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 20--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
              Subpart F--Disciplinary and Remedial Actions
 
Sec. 20.603   Appealing an order for remedial action.

    (a) When and how to appeal. An employee has the right to appeal an 
order for remedial action under Sec. 20.602, and shall have 30 days from 
the date of the remedial action order to exercise this right before any 
disciplinary action may be initiated. For appeals of remedial orders 
issued under Sec. 20.602, the procedures described in 370 DM 771 may not 
be used in lieu of or in addition to those of this section. Each appeal 
shall be in writing and shall contain:
    (1) The basis for appeal;
    (2) Fact(s) supporting the basis; and
    (3) The telephone number where appellant can be reached to discuss 
facts pertinent to the appeal.

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    (b) Where to appeal. (1) Orders for remedial action issued by an 
Ethics Counselor may be appealed to the Deputy Secretary, whose decision 
shall be final.
    (2) Orders for remedial action issued by the Deputy Secretary may be 
appealed to the Secretary, whose decision shall be final.
    (c) Review Board analysis and recommendations. (1)(i) Each appeal 
shall be considered by a Review Board consisting of:
    (A) A program Assistant Secretary selected by the Designated Agency 
Ethics Official;
    (B) The Associate Solicitor or the Deputy Associate Solicitor, 
Division of General law; and
    (C) The Director or Deputy Director of the Departmental Office of 
Personnel within the Department.
    (ii) Assistant Secretaries may delegate authority to serve on the 
Review Board to a Deputy Assistant Secretary who has not been involved, 
and who has not advised or made a decision on the issue or on the order 
for remedial action.
    (2) The Deputy Agency Ethics Official or his or her assistant shall 
serve as secretary to the Review Board, except for cases in which he or 
she has previously participated. In such cases, the Review Board shall 
designate an employee who has not previously been involved with the case 
to serve as secretary.
    (3) The Review Board members shall: (i) Obtain from the appropriate 
ethics counselor a full statement of actions and considerations which 
led to the order for remedial action including any supporting 
documentation or files used by the Ethics Counselor.
    (ii) Obtain from the employee all facts, information, exhibits for 
documents which he or she feels should be considered before a final 
decision is made.
    (iii) The secretary to the Review Board shall prepare a summary of 
the facts pertinent to the appeal. When appropriate, the Review Board 
may provide for personal appearance by the appellant before the Review 
Board if necessary to ascertain the circumstances concerning the appeal 
or may designate the Review Board secretary or another employee to 
conduct further fact finding, or may do both. Fact finding procedures 
shall be carried out by a person(s) who:
    (A) Has not been involved in the matter being appealed; and
    (B) Does not occupy a position subordinate to any official who 
recommended, advised, made a decision on, or who otherwise is or was 
involved in, the matter being appealed.
    (iv) Establish a file containing all documents related to the 
appeal, which shall be available to the appellant and his or her 
representative.
    (v) Provide to the official who will decide the appeal an advisory 
recommendation on the appeal. The views of dissenting members of the 
Review Board shall also be provided.
    (d) Assurances to the appellant. Each appellant is assured of:
    (1) Freedom from restraint, interference, coercion, discrimination 
or reprisal in presenting an appeal;
    (2) A reasonable amount of official time to present the appeal if 
the employee is otherwise in a duty status;
    (3) The right to obtain counseling from an ethics counselor of the 
Department; and
    (4) The right to be accompanied, represented, and advised by a 
representative of his or her own choosing, except that the Review Board 
may disallow the choice of an individual as a representative if such 
representation would result in a conflict of interest or position, would 
conflict with the priority needs of the Department, or which would give 
rise to unreasonable costs to the Government.
    (e) Assurances to the appellant's representative. Each person chosen 
to represent an appellant is assured of:
    (1) Freedom from restraint, interference, coercion, discrimination 
or reprisal; and
    (2) A reasonable amount of official time to present the appeal if 
the representative is an employee of the Department and is otherwise in 
a duty status.

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