11 C.F.R. § 7.24   Conduct of preliminary investigation.


Title 11 - Federal Elections


Title 11: Federal Elections
PART 7—STANDARDS OF CONDUCT
Subpart D—Post Employment Conflict of Interest: Procedures for Administrative Enforcement Proceedings

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§ 7.24   Conduct of preliminary investigation.

(a) Ethics Officer's responsibility. Upon a finding under 11 CFR 7.23(b)(2) that a complaint appears to be substantiated, the Ethics Officer shall conduct an investigation into the allegations of the complaint.

(b) Opportunity to respond. The former employee will be sent a copy of the Ethics Officer's report and will be given an opportunity to respond in writing and under oath to the allegations made in the complaint and the findings made in the report. The former empoloyee may provide any written legal or factual materials he or she believes demonstrate that no violation has occurred. Such response must be received by the Commission within 20 days after the former employee's receipt of the Ethics Officer's report, unless an extension is authorized in writing by the Ethics Officer.

(c) Representation by counsel. The former employee may be represented by counsel during the investigation. Such counsel shall notify the Ethics Officer in writing that he or she is representing the former employee. Thereafter, all communications between the Commission staff and the former employee relating to the investigation shall be made to the former employee's counsel.

(d) Report to the Commission. Upon completion of the investigation, the Ethics Officer shall prepare a report to the Commission, including any materials provided by the former employee. The report shall recommend whether there is reasonable cause to believe the respondent has violated 18 U.S.C. 207 (a), (b), or (c).

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