5 CFR 2634.503 - Determinations.

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§ 2634.503 Determinations.
(a) Violations. If the Office of Government Ethics learns that violations or apparent violations of the trust restrictions exist that may warrant revocations of trust certification or trustee approval previously granted under § 2634.407 or § 2634.405, the Director may, pursuant to the procedure specified in paragraph (b) of this section, appoint an attorney on the staff of the Office of Government Ethics to review the matter. After completing the review, the attorney will submit findings and recommendations to the Director.
(b) Review procedure.
(1) In the review of the matter, the attorney shall perform such examination and analysis of violations or apparent violations as the attorney deems reasonable.
(2) The attorney shall provide an independent trustee and, if appropriate, the interested parties, with:
(i) Notice that revocation of trust certification or trustee approval is under consideration pursuant to the procedures in this subpart;
(ii) A summary of the violation or apparent violations that shall state the preliminary facts and circumstances of the transactions or occurrences involved with sufficient particularity to permit the recipients to determine the nature of the allegations; and
(iii) Notice that the recipients may present evidence and submit statements on any matter in issue within ten business days of the recipient's actual receipt of the notice and summary.
(c) Determination.
(1) In making determinations with respect to the violations or apparent violations under this section, the Director shall consider the findings and recommendations submitted by the attorney, as well as any written statements submitted by the independent trustee or interested parties.
(2) The Director may take one of the following actions upon finding a violation or violations of the trust restrictions:
(i) Issue an order revoking trust certification or trustee approval;
(ii) Resolve the matter through any other remedial action within the Director's authority;
(iii) Order further examination and analysis of the violation or apparent violation; or
(iv) Decline to take further action.
(3) If the Director issues an order of revocation, parties to the trust instrument will receive prompt written notification. The notice shall state the basis for the revocation and shall inform the parties of the consequence of the revocation, which will be either of the following:
(i) The trust is no longer a qualified blind or qualified diversified trust for any purpose under Federal law; or
(ii) The independent trustee may no longer serve the trust in any capacity and must be replaced by a successor, who is subject to the prior written approval of the Director.

Title 5 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-05-19; vol. 79 # 96 - Monday, May 19, 2014
    1. 79 FR 28605 - Technical Updating Amendments to Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations
      GPO FDSys XML | Text
      OFFICE OF GOVERNMENT ETHICS
      Final rule; technical amendments.
      The rule is effective May 19, 2014. The amendments to 5 CFR 2634.304 and 2634.907 (as set forth in amendatory paragraphs 2 and 3) are retroactively applicable as of January 1, 2014.
      5 CFR Parts 2634 and 2635

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC: Title 5a

§ App

USC: Title 26a
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Statutes at Large
Presidential Documents

Executive Order ... 12674

Executive Order ... 12731

Title 5 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 2634 after this date.

  • 2014-05-19; vol. 79 # 96 - Monday, May 19, 2014
    1. 79 FR 28605 - Technical Updating Amendments to Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations
      GPO FDSys XML | Text
      OFFICE OF GOVERNMENT ETHICS
      Final rule; technical amendments.
      The rule is effective May 19, 2014. The amendments to 5 CFR 2634.304 and 2634.907 (as set forth in amendatory paragraphs 2 and 3) are retroactively applicable as of January 1, 2014.
      5 CFR Parts 2634 and 2635