§ 7.26 - Notice to former employee.  


Latest version.
  • (a) Notice requirement. After a reasonable cause to believe finding the Ethics Officer shall provide the former Commission employee with adequate notice of an intention to institute a disciplinary proceeding and an opportunity to request a hearing.

    (b) Contents. The notice required under this section shall contain:

    (1) A statement of the allegations (and the basis thereof);

    (2) Notification of the right to request a hearing;

    (3) An explanation of the method by which a hearing may be requested as set forth at 11 CFR 7.26(c); and

    (4) A copy of the post-employment regulations.

    (c) Request for hearing. (1) A former employee who has received a notice under this section must notify the Commission with ten days after receipt of such notice by certified mail of his or her desire for a hearing. The request for a hearing should include the following information:

    (i) The former employee's daytime telephone number;

    (ii) The name, address, and telephone number of the former employee's counsel, if he or she intends to be represented by counsel; and

    (iii) At least three dates and times at which the former employee will be available for a hearing.

    (2) If a written request from the former employee is not received by the Ethics Officer within the stated time period, the right to a hearing shall be waived and the examiner ( See 11 CFR 7.27) shall consider the evidence and make a decision.