11 C.F.R. § 7.30 Hearing procedures.
Title 11 - Federal Elections
(a) Witness lists. (1) No later than 10 days prior to the hearing date, the Ethics Officer will provide the former employee with a list of the witnesses the Commission intends to introduce. The list shall include the name and position of each witness and the aspect of the allegation upon which the witness is expected to testify. If no witnesses are to be called, the former employee shall be so notified. (2) No later than 5 days prior to the hearing date, the former employee shall provide the Ethics Officer with a list of witnesses he or she intends to introduce. The list shall include the name and position of each witness and the aspect of the allegation upon which the witness is expected to testify. If no witnesses are to be called, the Ethics Officer shall be so notified. (3) Copies of the witness lists shall be given to the examiner by the Ethics Officer. (b) Representation. (1) The Commission shall be represented at the hearing by the Ethics Officer or his or her designee, (2) The former employee may represent himself or herself or may be represented by counsel. (c) Burden of proof. The burden of proof shall be on the Commission which must establish substantial evidence of a violation. (d) Conduct of hearing. (1) The following items will be introduced by the Commission and will be made part of the hearing record: (i) The complaint; (ii) The notification sent to the former employee under 11 CFR 7.27; (iii) The former employee's response to the notification; and (iv) If the Commission so chooses, a brief or memorandum of law. (2) The former employee will then be given an opportunity to submit a brief or memorandum of law to be included in the hearing record. (3) The Commission shall introduce its witnesses and evidence first. At the close of the Commission's examination of each witness, the former employee will be given an opportunity to cross-examine the witness. (4) The former employee will present his or her witnesses and evidence at the close of the Commission's presentation. At the close of the former employee's examination of each witness, the Commission shall be given an opportunity to cross-examine each witness. (5) After the former employee has completed his or her presentation, both parties will be given an opportunity for oral argument with the Commission making its arguments first. Time shall be offered during the oral argument for Commission rebuttal. (6) Decisions as to the admissibility of evidence or testimony shall be made under the Federal Rules of Evidence.
Title 11: Federal Elections
PART 7—STANDARDS OF CONDUCT
Subpart D—Post Employment Conflict of Interest: Procedures for Administrative Enforcement Proceedings
§ 7.30 Hearing procedures.
