Other Fields
Agency Scheme: 
USDCCONF0014
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Chief Financial Officer and Assistant Secretary for Administration
Appeal Office (global name): 
Department of Commerce: Office of the Chief Financial Officer and Assistant Secretary for Administration
Sub-Agency/Bureau/Division:: 
Office of the Secretary
Appeal Officer #1 (Title): 
Assistant Secretary
Appeal Officer #2 (Title): 
Assistant Secretary's Designee
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
This scheme provides for hearings for imposing sanctions against a former Department of Commerce employee for violating the post-employment restrictions of the conflict of interest laws and regulations set forth in the Ethics in Government Act (18 USC 207) and its regulations, found in 5 CFR Part 737. This scheme allows for a hearing before the Ethics Law and Program Division Chief or his designee, with an appeal available to the Assistant Secretary for Administration. Judicial review of these decisions is allowed.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
15 CFR 0.735-48
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
How is the type of hearing selected for appeals heard by this office?: 
Required by Rule
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
The Assistant Secretary can decide whether to impose a lesser sanction, as well as the proposed sanction, based on the record. See 15 CFR 0.735-48(b)
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified