Goto Section: 19.735-102 | 19.735-105 | Table of Contents

FCC 19.735-107
Revised as of
Goto Year:1996 | 1998
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.

[[Page 693]]

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

            Subpart B--Employee Responsibilities and Conduct

Goto Section: 19.735-102 | 19.735-105

Goto Year: 1996 | 1998
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