Sec.  19.735-107   Disciplinary and other remedial action.

   (a) A violation of the regulations in this part by an employee may be cause
   for appropriate disciplinary action which may be in addition to any penalty
   prescribed by law.

   (b) The Chairman will designate an officer or employee of the Commission who
   will promptly investigate all incidents or situations in which it appears
   that employees may have engaged in improper conduct. Such investigation will
   be initiated in all cases where complaints are brought to the attention of
   the  Chairman,  including:  Adverse comment appearing in publications;
   complaints from members of Congress, private citizens, organizations, other
   Government employees or agencies; and formal complaints referred to the
   Chairman by the Designated Agency Ethics Official.

   (c) The Inspector General will be promptly notified of all complaints or
   allegations of employee misconduct. The Inspector General will also be
   notified of the planned initiation of an investigation under this part. Such
   notification  shall occur prior to the initiation of the investigation
   required by paragraph (a) of this section. The Inspector General may choose
   to conduct the investigation in accordance with the rules in this part.
   Should the Inspector General choose to conduct the investigation, he will
   promptly notify the Chairman. In such case, the Inspector General will serve
   as the designated officer and be solely responsible for the investigation.
   In  carrying  out  this  function,  the  Inspector  General may obtain
   investigative services from other Commission offices, other governmental
   agencies or non governmental sources and use any other means available to
   him in accordance with Public Law 100–504 or the Inspector General Act of
   1978, as amended, 5 U.S.C. Appendix. The Inspector General will be provided
   with  the  results  of  all  investigations in which he chooses not to
   participate.

   (d) The employee concerned shall be provided an opportunity to explain the
   alleged misconduct. When, after consideration of the employee's explanation,
   the  Chairman  decides that remedial action is required, he shall take
   remedial action. Remedial action may include, but is not limited to:

   (1) Changes in assigned duties;

   (2) Divestiture by the employee of his conflicting interest;

   (3) Action under the Commission's Ethics Program resulting in one of the
   following actions:

   (i) When investigation reveals that the charges are groundless, the person
   designated by the Chairman to assist in administration of the program may
   give a letter of clearance to the employee concerned, and the case will not
   be recorded in his Official Personnel Folder;

   (ii) If, after investigation, the case investigator deems the act to be
   merely a minor indiscretion, he may resolve the situation by discussing it
   with the employee. The case will not be recorded in the employee's Official
   Personnel Folder;

   (iii) If the case administrator considers the problem to be of sufficient
   importance, he may call it to the attention of the Chairman, who in turn may
   notify  the employee of the seriousness of his act and warn him of the
   consequences  of  a  repetition.  The case will not be recorded in the
   employee's Official Personnel Folder, unless the employee requests it;

   (iv) The Chairman may, when in his opinion circumstances warrant, establish
   a special review board to investigate the facts in a case and to make a full
   report thereon, including recommended action; or

   (v)(A) If the Chairman decides that formal disciplinary action should be
   taken, he may prepare for Commission consideration a statement of facts and
   recommend one of the following:

   (1) Written reprimand. A formal letter containing a complete statement of
   the offense and official censure;

   (2) Suspension. A temporary non pay status and suspension from duty; or

   (3) Removal for cause. Separation for cause in case of a serious offense.

   (B) Only after a majority of the Commission approves formal disciplinary
   action will any record resulting from the administration of this program be
   placed in the employee's Official Personnel Folder; or

   (4) Disqualification for a particular assignment.

   (e) Remedial action, whether disciplinary or otherwise, shall be effected in
   accordance with any applicable laws, Executive orders, and regulations.

Subpart B—Employee Responsibilities and Conduct