[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2636.104]

[Page 607-608]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2636_LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS 
 
                      Subpart A_General Provisions
 
Sec. 2636.104  Civil, disciplinary and other action.

    (a) Civil action. Except when the employee engages in conduct in 
good faith reliance upon an advisory opinion issued under Sec. 2636.103 
of this subpart, an employee who engages in any conduct in violation of 
the prohibitions, limitations and restrictions contained

[[Page 608]]

in this part may be subject to civil action under 5 U.S.C. app. 504(a) 
and a civil monetary penalty of not more than $10,000 for any such 
violation occurring before September 29, 1999, as adjusted effective 
September 29, 1999 to $11,000 for any such violation occurring on or 
after that date, in accordance with the inflation adjustment procedures 
prescribed in the Federal Civil Penalties Inflation Adjustment Act of 
1990, as amended, or the amount of the compensation the individual 
received for the prohibited conduct, whichever is greater.
    (b) Disciplinary and corrective action. An agency may initiate 
disciplinary or corrective action against an employee who violates any 
provision of this part, which may be in addition to any civil penalty 
prescribed by law. When an employee engages in conduct in good faith 
reliance upon an advisory opinion issued under Sec. 2636.103 of this 
subpart, an agency may not initiate disciplinary or corrective action 
for violation of this part. Disciplinary action includes reprimand, 
suspension, demotion and removal. Corrective action includes any action 
necessary to remedy a past violation or prevent a continuing violation 
of this part, including but not limited to restitution or termination of 
an activity. It is the responsibility of the employing agency to 
initiate disciplinary or corrective action in appropriate cases. 
However, the Director of the Office of Government Ethics may order 
corrective action or recommend disciplinary action under the procedures 
at part 2638 of this subchapter. The imposition of disciplinary action 
is at the discretion of the employing agency.

[56 FR 1723, Jan. 17, 1991, as amended at 63 FR 43068, Aug. 12, 1998; 64 
FR 47097, Aug. 30, 1999]

Subpart B [Reserved]