11 C.F.R. § 7.27   Hearing examiner designation and qualifications.


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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§ 7.27   Hearing examiner designation and qualifications.

(a) Designation. If the Commission decides by an affirmative vote of four of its members to hold a hearing, the Ethics Officer shall designate an individual to serve as examiner at the administrative disciplinary hearing. In the absence of a hearing, the Ethics Officer shall designate an examiner to consider the written evidence and make a decision. (See 11 CFR 7.26(b)(2)). The individual designated as examiner shall have the qualifications set forth in paragraph (b) of this section.

(b) Qualifications. (1) An examiner shall be impartial. No individual who has participated in any manner in the decision to initiate the proceeding may serve as an examiner in those proceedings. Therefore, the following persons may not be designated as an examiner:

(i) A Commissioner,

(ii) The Ethics Officer, or

(iii) Any Commission employee who has participated in the preliminary investigation of the complaint.

(2) The examiner shall be an attorney at the Assistant General Counsel level or higher.

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