Goto Section: 1.23 | 1.25 | Table of Contents
FCC 1.24
Revised as of October 1, 2008
Goto Year:2007 |
2009
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]
Goto Section: 1.23 | 1.25
Goto Year: 2007 |
2009
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