[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2414.9]
[Page 365]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2414--EX PARTE COMMUNICATIONS--Table of Contents
 
Sec. 2414.9  Penalties and enforcement.
    (a) Where the nature and circumstances of a prohibited communication 
made by or caused to be made by a party to the proceeding are such that 
the interests of justice and statutory policy may require remedial 
action, the Authority, Administrative Law Judge, or Regional Director, 
as appropriate, may issue to the party making the communication a notice 
to show cause, returnable before the Authority, Administrative Law 
Judge, or Regional Director, within a stated period not less than seven 
(7) days from the date thereof, why the Authority, Administrative Law 
Judge, or Regional Director should not determine that the interests of 
justice and statutory policy require that the claim or interest in the 
proceeding of a party who knowingly makes a prohibited communication or 
knowingly causes a prohibited communication to be made, should be 
dismissed, denied, disregarded or otherwise adversely affected on 
account of such violation.
    (b) Upon notice and hearing, the Authority may censure, suspend, or 
revoke the privilege of practice before the agency of any person who 
knowingly and willfully makes or solicits the making of a prohibited ex 
parte communication. However, before the Authority institutes formal 
proceedings under this subsection, it shall first advise the person or 
persons concerned in writing that it proposes to take such action and 
that they may show cause, within a period to be stated in such written 
advice, but not less than seven (7) days from the date thereof, why it 
should not take such action.
    (c) The Authority may censure, or, to the extent permitted by law, 
suspend, dismiss, or institute proceedings for the dismissal of, any 
Authority agent who knowingly and willfully violates the prohibitions 
and requirements of this rule.
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