28 C.F.R. § 32.7 Intentional misconduct of the officer.
Title 28 - Judicial Administration
The Bureau will consider at least the following factors in determining whether death or permanent and total disability was caused by the intentional misconduct of the officer: (a) Whether the conduct was in violation of rules and regulations of the employer, or ordinances and laws, and— (1) Whether the officer knew the conduct was prohibited and understood its import; (2) Whether there was a reasonable excuse for the violation; or (3) Whether the rule violated is habitually observed and enforced; (b) Whether the officer had previously engaged in similar misconduct; (c) Whether the officer's intentional misconduct was a substantial factor in the officer's death or permanent and total disability; and (d) Whether there was an intervening force which would have independently caused the officer's death or permanent and total disability and which would not otherwise prohibit payment of a benefit pursuant to this part.
Title 28: Judicial Administration
PART 32—PUBLIC SAFETY OFFICERS' DEATH AND DISABILITY BENEFITS
Subpart A—Death and Disability Benefits
Officers Covered
§ 32.7 Intentional misconduct of the officer.
