[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR1.24]



[Page 109]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 1_PRACTICE AND PROCEDURE--Table of Contents

 

            Subpart A_General Rules of Practice and Procedure

 

Sec.  1.24  Censure, suspension, or disbarment of attorneys.



    (a) The Commission may censure, suspend, or disbar any person who 

has practiced, is practicing or holding himself out as entitled to 

practice before it if it finds that such person:

    (1) Does not possess the qualifications required by Sec.  1.23;

    (2) Has failed to conform to standards of ethical conduct required 

of practitioners at the bar of any court of which he is a member;

    (3) Is lacking in character or professional integrity; and/or

    (4) Displays toward the Commission or any of its hearing officers 

conduct which, if displayed toward any court of the United States or any 

of its Territories or the District of Columbia, would be cause for 

censure, suspension, or disbarment.

    (b) Except as provided in paragraph (c) of this section, before any 

member of the bar of the Commission shall be censured, suspended, or 

disbarred, charges shall be preferred by the Commission against such 

practitioner, and he or she shall be afforded an opportunity to be heard 

thereon.

    (c) Upon receipt of official notice from any authority having power 

to suspend or disbar an attorney in the practice of law within any 

state, territory, or the District of Columbia which demonstrates that an 

attorney practicing before the Commission is subject to an order of 

final suspension (not merely temporary suspension pending further 

action) or disbarment by such authority, the Commission may, without any 

preliminary hearing, enter an order temporarily suspending the attorney 

from practice before it pending final disposition of a disciplinary 

proceeding brought pursuant to Sec.  1.24(a)(2), which shall afford such 

attorney an opportunity to be heard and directing the attorney to show 

cause within thirty days from the date of said order why identical 

discipline should not be imposed against such attorney by the 

Commission.

    (d) Allegations of attorney misconduct in Commission proceedings 

shall be referred under seal to the Office of General Counsel. Pending 

action by the General Counsel, the decision maker may proceed with the 

merits of the matter but in its decision may make findings concerning 

the attorney's conduct only if necessary to resolve questions concerning 

an applicant and may not reach any conclusions regarding the ethical 

ramifications of the attorney's conduct. The General Counsel will 

determine if the allegations are substantial, and, if so, shall 

immediately notify the attorney and direct him or her to respond to the 

allegations. No notice will be provided to other parties to the 

proceeding. The General Counsel will then determine what further 

measures are necessary to protect the integrity of the Commission's 

administrative process, including but not limited to one or more of the 

following:

    (1) Recommending to the Commission the institution of a proceeding 

under paragraph (a) of this section;

    (2) Referring the matter to the appropriate State, territorial, or 

District of Columbia bar; or

    (3) Consulting with the Department of Justice.



[28 FR 12415, Nov. 22, 1963, as amended at 57 FR 38285, Aug. 24, 1992; 

60 FR 53277, Oct. 13, 1995]