[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR7.30]

[Page 41-42]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 7_STANDARDS OF CONDUCT--Table of Contents
 
     Subpart D_Post Employment Conflict of Interest: Procedures for 
                 Administrative Enforcement Proceedings
 
Sec.  7.30  Hearing procedures.

    (a) Witness lists. (1) No later than 10 days prior to the hearing 
date, the Ethics Officer will provide the former employee with a list of 
the witnesses the Commission intends to introduce. The list shall 
include the name and position of each witness and the aspect of the 
allegation upon which the witness is expected to testify. If no 
witnesses are to be called, the former employee shall be so notified.
    (2) No later than 5 days prior to the hearing date, the former 
employee shall provide the Ethics Officer with a list of witnesses he or 
she intends to introduce. The list shall include the name and position 
of each witness and the aspect of the allegation upon which the witness 
is expected to testify. If no

[[Page 42]]

witnesses are to be called, the Ethics Officer shall be so notified.
    (3) Copies of the witness lists shall be given to the examiner by 
the Ethics Officer.
    (b) Representation. (1) The Commission shall be represented at the 
hearing by the Ethics Officer or his or her designee,
    (2) The former employee may represent himself or herself or may be 
represented by counsel.
    (c) Burden of proof. The burden of proof shall be on the Commission 
which must establish substantial evidence of a violation.
    (d) Conduct of hearing. (1) The following items will be introduced 
by the Commission and will be made part of the hearing record:
    (i) The complaint;
    (ii) The notification sent to the former employee under 11 CFR 7.27;
    (iii) The former employee's response to the notification; and
    (iv) If the Commission so chooses, a brief or memorandum of law.
    (2) The former employee will then be given an opportunity to submit 
a brief or memorandum of law to be included in the hearing record.
    (3) The Commission shall introduce its witnesses and evidence first. 
At the close of the Commission's examination of each witness, the former 
employee will be given an opportunity to cross-examine the witness.
    (4) The former employee will present his or her witnesses and 
evidence at the close of the Commission's presentation. At the close of 
the former employee's examination of each witness, the Commission shall 
be given an opportunity to cross-examine each witness.
    (5) After the former employee has completed his or her presentation, 
both parties will be given an opportunity for oral argument with the 
Commission making its arguments first. Time shall be offered during the 
oral argument for Commission rebuttal.
    (6) Decisions as to the admissibility of evidence or testimony shall 
be made under the Federal Rules of Evidence.