15 CFR 0.735-42 - Scope.

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TITLE 15 - COMMERCE AND FOREIGN TRADE

SUBTITLE A - OFFICE OF THE SECRETARY OF COMMERCE

PART 0 - EMPLOYEE RESPONSIBILITIES AND CONDUCT

subpart h - DISCIPLINARY ACTIONS CONCERNING POST - EMPLOYMENT CONFLICT OF INTEREST VIOLATIONS

0.735 - 42 - Scope.

  (a) These regulations establish procedures for imposing sanctions against a former employee for violating the post-employment restrictions of the conflict of interest laws and regulations set forth in 18 U.S.C. 207 and 5 CFR Part 737. These procedures are established pursuant to the requirement in 18 U.S.C. 207(j). The General Counsel is responsible for resolving questions on the legal interpretation of 18 U.S.C. 207 or regulations issued thereunder and for advising employees on these provisions.

  (b) For purposes of this subpart, (1) Former employee means a former Government employee as defined in 5 CFR 737.3(a)(4) who had served in the Department; (2) Lesser included sanctions means sanctions of the same type but more limited scope as the proposed sanction; thus a bar on communication with an operating unit is a lesser included sanction of a proposed bar on communication with the Department and a bar on communication for one year is a lesser included sanction of a proposed five year bar; (3) Assistant Secretary means the Assistant Secretary for Administration or designee; (4) Director means the Director for Personnel and Civil Rights, Office of the Secretary, or designee; (5) Inspector General and General Counsel include any persons designated by them to perform their functions under this subpart; and (6) Days means calendar days except that a dead-line which falls on a weekend or holiday shall be extended to the next working day.

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