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Title 16

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Subpart E—Disciplinary Actions Concerning Ethics Requirements and Post-Government Employment Restrictions

§ 5.50 Submission of information.

Any person may submit a written statement to the FTC's General Counsel, the Designated Agency Ethics Official (DAEO), or the Inspector General, where appropriate, setting forth information indicating a possible violation of subparts A-B or D of this part or 18 U.S.C. 207.

§ 5.51 Involvement of other agencies or authorities.

(a) The General Counsel or DAEO will make a preliminary determination of whether the matter warrants or requires the involvement of other agencies or authorities. If so, the General Counsel or DAEO will expeditiously transmit any available information to the agency's Inspector General or else to the Department of Justice or the U.S. Office of Government Ethics, as appropriate.

(b) When the employee or former employee involved is an attorney, the General Counsel will also determine whether the matter should be referred to the disciplinary committee of the bar(s) of which the attorney is a member.

(c) If the General Counsel or DAEO transmits information alleging a crime or severe misconduct to the Department of Justice, U.S. Office of Government Ethics, or bar disciplinary authority under paragraphs (a) or (b) of this section, the General Counsel or DAEO will also notify the agency's Inspector General.

§ 5.52 Investigation or proceeding.

(a) The Office of the General Counsel will ensure that the agency cooperates fully in any investigation of possible violations of subparts A-B or D of this part or 18 U.S.C. 207 by the Office of Inspector General, the Department of Justice, or the U.S. Office of Government Ethics.

(b) Upon the conclusion of an investigation by the Inspector General or a prosecution by the Department of Justice, the Commission will request that the Office of Inspector General provide the Commission with a report.

§ 5.53 Sanctions.

When either an employee or former employee is convicted of violating 18 U.S.C. 207 or other Federal laws related to conduct described in this part, or the factual findings of the Inspector General's report support a conclusion that the employee or former employee violated subparts A-B or D of this part, the Commission may adopt the record of the criminal or civil proceeding or Inspector General report as its record. The Commission may order such additional disciplinary action as it deems warranted, including:

(a) Reprimand;

(b) Suspension from participating in a particular matter or matters before the Commission; or

(c) Prohibiting the person from making, with the intent to influence, any formal or informal appearance before, or any oral or written communication to, an FTC employee on any matter or business on behalf of any other person (except the United States) for a period not to exceed 5 years.

§ 5.54 Judicial review.

A person against whom the Commission has issued an order imposing disciplinary action under this part may seek judicial review of the Commission's determination in the United States District Court for the District of Columbia by filing a petition for such review within 60 days of receipt of notice of the Commission's final decision.