in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearances of conflicts of interests may include but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government enployee of his conflicting interests; or

(3) Disqualification for a particular assignment.

(b) Remedial action, whether disciplinary or otherwise, shall be in accordance with applicable laws, Executive orders, and regulations.

§ 200.735-104 Gifts, entertainment, and favors.

The board authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)−(4). § 200.735-105

provisions.

Miscellaneous statutory

Each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of the board and of the Government. The attention of each employee is directed to the regulations issued under this part and to the statutory provisions referred to in 5 CFR 735.210.

§ 200.735-106

Specific provisions of agency regulations governing special Government employees.

(a) Special Government employees of the board shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under § 200.735-101, except 5 CFR 735.203(b); (b) Special Government employees of the board may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203 (c);

(c) Pursuant to 5 CFR 735.305 (b), the board authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are set forth for employees by 5 CFR 735.202(b) (1)−(4);

(d) Each special Government employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Government employee of the board and of the Government. The attention of each special Government employee is directed to regula

Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement as of June 30 each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest provisions of section 208 of Title 18, United States Code, or Subpart B of Part 735 of Title 5, Code of Federal Regulations, as adopted herein.

§201.3

Computation of time.

In computing any period of time under this part, the day on which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the time of the next day which is neither a Saturday, Sunday, or legal holiday. A one-half holiday shall be considered as other days and not as a holiday. When the period of time is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. Whenever a party has the right or is requested to do some act or take some proceeding within a prescribed period after a service of a notice or a paper upon him and if the service and notice is served by mail, three days shall be added to the prescribed period. § 201.4

Service of papers.

All papers, petitions, answers, and other papers other than subpenas may be served personally or by registered mail or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual serving the same, setting forth the manner of such service, and the return post-office receipt, when registered and mailed, shall be

proof of service. Proof of service shall be made at the time of filing of papers with the Board, and in any event within twenty-four (24) hours after the return of the post-office receipt or other evidence for such proof of service comes into the possession of the party making the service.

§ 201.5

Appearance and practice before the Board.

(a) Any organization which is a party to any proceeding before the Board may appear by an official or by or with counsel, and any individual who is a party to any proceeding may appear in person or by or with counsel.

(b) Any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any State, territory, or of the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law, may represent others before the Board.

(c) When a person acting in a representative capacity appears in person or signs a paper in practice before this Board, his personal appearance or signature shall constitute a representation to the Board that under the provisions of this part and the law he is authorized and qualified to represent the particular party in whose behalf he acts. Further proof of a person's authority to act in a representative capacity may be required.

(d) Any attorney, practicing before the Board who, in the judgment of the Board does not possess the requisite qualifications to represent others, or who is lacking in character, integrity, or proper professional conduct, may be suspended from practicing before the Board.

(e) No former Board member, officer, examiner, attorney, clerk, or other former employee of this Board shall appear as attorney or counsel for or represent any party in any hearing, the files of which came to the personal attention of such former Board member, officer, examiner, attorney, clerk, or other former employee during the term of his service or employment with the Board. [23 F.R. 267, Jan. 15, 1958] § 201.6

Petitions.

(a) Proceedings before this Board may be initiated by the filing of a petition in the manner and form as provided in the

(a) The organization or individual served with a petition or a process requiring an answer shall,' within twenty days after the service, file an answer thereto under oath. The answer shall contain a short and simple statement of the facts which constitute the grounds of defense. The answer shall specifically admit, deny or explain each of the facts alleged in the petition or process requiring an answer, unless the organization or individual is without knowledge of particular facts alleged or the person signing the answer relies upon the constitutional privilege against self-incrimination as to particular facts alleged, in which case this shall be stated, and such statement shall operate as a denial. All allegations in the petition or process requiring an answer, if no answer is filed or any allegation thereof is not specifically denied or explained by the answer, shall be deemed admitted to be true and may be so found by the Board, except that where the person signing the answer relies upon the privilege against self-incrimination, such allegation or allegations shall be deemed denied.

(b) Where an organization or individual declines or fails to appear at a hearing accorded to such organization or individual by the Board, pursuant to this section, the Board may, without further proceedings and without the introduction of any evidence, enter an order requiring such organization or individual to register or denying the application of such organization or individual as the case may be.

[15 F.R. 7920, Nov. 21, 1950, as amended at 27 F.R. 4835, May 23, 1962]

§ 201.8 Amendment of pleadings.

At any time during the course of the proceedings, either party may, with the consent of the Board, a member thereof, or a hearing examiner, amend or conform the pleadings to the proof. If evidence is objected to at the hearing on the ground that it is not within the issues of the pleadings, the Board, a member thereof, or a hearing examiner may

(a) All motions and requests for rulings by the Board, a member thereof, or the hearing examiner shall state briefly the purpose thereof and the relief sought, and supporting affidavits, records, and other papers, except such as have been previously filed, shall be filed with the motions and clearly referred to therein.

(b) A reply to any written motion shall be filed within seven (7) days after date of service thereof, unless a different time is fixed by the Board or the hearing examiner. A reply to a reply is not permitted unless under unusual circumstances and specifically authorized by the Board, or the hearing examiner.

(c) Motions made at a hearing may be stated orally, provided that the presiding member of the Board, or the hearing examiner may require that such motions be reduced to writing and filed and served in the same manner as written motions. All motions which relate to the introduction or striking of evidence shall be made to the presiding Board member or the hearing examiner as the case may be. No exception is necessary to the ruling of a presiding member or hearing examiner to preserve the objection before the Board or appellate courts. [23 F.R. 267, Jan. 15, 1958]

§ 201.11 Continuances and extensions of time.

(a) Except as otherwise expressly provided by law, the Board, a member thereof, or its examiners, for cause shown, may extend any time limits prescribed for filing any papers, except time for filing appeal, and may continue or adjourn any hearing. A hearing before the Board, or a member thereof, or a

The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record before the Board. The record shall be filed in the office of the Executive Secretary of the Board, and a copy of the same shall be available to the parties upon payment of the necessary costs. § 201.14 Hearing examiners.

The hearing examiner is charged with the duty of conducting a fair and impartial hearing and of maintaining order in form and manner consistent with the dignity of the Board. He will note on the record any disregard by counsel of his rulings on matters of order and procedure, and where he deems it necessary shall make special written report thereof to the Board. In the event that any counsel shall be guilty of disrespectful, disorderly, or contumacious language or conduct in connection with any proceeding, the hearing examiner may, in his discretion, suspend the proceeding and submit to the Board his report thereon, together with his recommendation as to whether any rule should be issued to show cause why any such counsel should not be suspended, pursuant to § 201.15, or other appropriate action taken as provided by law.

(a) The Board, any member thereof, or any hearing examiner designated by the Board may require by subpena the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other relevant records. Subpenas shall be issued on behalf of any party to the proceeding upon request and upon a statement or showing of general relevance and reasonable scope of the evidence sought. Such attendance of witnesses and the production of such documentary evidence deemed reasonable by the Board may be required from any place in the United States at any designated place of hearing. Witnesses summoned shall be paid by the party requesting the subpena the same fees and mileage as are paid to witnesses in the District Courts of the United States.

(b) For good cause shown, the subpena may be quashed by the Board or a member thereof or examiner who issued the subpena.

§ 201.17 Witnesses.

(a) Witnesses shall be examined orally, except that for good and exceptional cause for departing from the general rule the Board may permit their testimony to be taken by a deposition.

(b) Witnesses summoned by the Board shall be paid the same fees and mileage as are paid witnesses in the courts of the United States. Witnesses whose depositions are taken, and the persons taking such depositions, shall severally be entitled to the same fees as are paid for a like service in the courts of the United States. § 201.18

Evidence.

(a) Documentary. Where relevant and material matters offered in evidence are embraced in a document containing other matters not material or relevant and not intended to be put in evidence, such immaterial or irrelevant parts shall be excluded and shall be segregated insofar as practicable.

end of his service, a former officer or employee has changed areas of responsibility by transferring from one agency to another, the period of his postemployment ineligibility as to matters in a particular area ends 1 year after his responsibility for that area ends. For example, if an individual transfers from a supervisory position in the Internal Revenue Service to a supervisory position in the Post Office Department and leaves that department for private employment 9 months later, he will be free of the restriction of subsection (b) in months insofar as Internal Revenue matters are concerned. He will of course be bound by it for a year in respect of Post Office Department matters.

The proviso following subsections (a) and (b) authorizes an agency head, notwithstanding anything to the contrary in their provisions, to permit a former officer or employee with outstanding scientific qualifications to act as attorney or agent or appear personally before the agency for another in a matter in a scientific field. This authority may be exercised by the agency head upon a "national interest" certification published in the FEDERAL REGISTER.

Subsections (a) and (b) describe the activities they forbid as being in connection with "particular matter [s] involving a specific party or parties" in which the former officer or employee had participated. The quoted language does not include general rulemaking, the formulation of general policy or standards, or other similar matters. Thus, past participation in or official responsibility for a matter of this kind on behalf of the Government does not disqualify a former employee from representing another person in a proceeding which is governed by the rule or other result of such matter.

Subsection (a) bars permanently a greater variety of actions than subsection (b) bars temporarily. The conduct made unlawful by the former is any action as agent or attorney, while that made unlawful by the latter is a personal appearance as agent or attorney. However, neither subsection precludes postemployment activities which may fairly be characterized as no more than aiding or assisting another. An individual who do not have "official responsibility," as that term is defined in section 202(b), their inclusion within the 1-year ban will not have a widespread effect.

8 Subsection (a), as it first appeared in H.R. 8140, the bill which became Public Law 87-849, made it unlawful for a former officer or employee to act as agent or attorney for, or aid or assist, anyone in a matter in which he had participated. The House Judiciary Committee struck the underlined words, and the bill became law without them. It should be noted also that the repealed provisions of 18 U.S.C. 283 made the distinction between one's acting as agent or attorney for another and his aiding or assisting another.

has left an agency to accept private employment may, for example, immediately perform technical work in his company's plant in relation to a contract for which he had official responsibility-or, for that matter, in relation to one he helped the agency negotiate. On the other hand, he is forbidden for a year, in the first case to appear personally before the agency as the agent or attorney of his company in connection with a dispute over the terms of the contract. And he may at no time appear personally before the agency or otherwise act as agent or attorney for his company in such dispute if he helped negotiate the contract.

Comparing subsection (a) with the antecedent 18 U.S.C. 284 discloses that it follows the latter in limiting disqualification to cases where a former officer or employee actually participated in a matter for the Government. However, subsection (a) covers all matters in which the United States is a party or has a direct and substantial interest and not merely the "claims against the United States" covered by 18 U.S.C. 284. Subsection (a) also goes further than the latter in imposing a lifetime instead of a 2-year bar. Subsection (b) has no parallel in 18 U.S.C. 284 or any other provision of the former conflict in interest statutes.

It will be seen that subsections (a) and (b) in combination are less restrictive in some respects, and more restrictive in others, than the combination of the prior 18 U.S.C. 284 and 5 U.S.C. 99. Thus, former officers or employees who were outside the Government when the Act came into force on January 21, 1963, will in certain situations be enabled to carry on activities before the Government which were previously barred. For example, the repeal of 5 U.S.C. 99 permits an attorney who left an executive department for private practice a year before to take certain cases against the Government immediately which would be subject to the bar of 5 U.S.C. 99 for another year. On the other hand, former officers or employees became precluded on and after January 21, 1963 from engaging or continuing to engage in certain activities which were permissible until that date. This result follows from the replacement of the 2-year bar of 18 U.S.C. 284 with the lifetime bar of subsection (a) in comparable situations, from the increase in the variety of matters covered by subsection (a) as compared with 18 U.S.C. 284 and from the introduction of the 1-year bar of subsection (b).

Subsection (c) of section 207 pertains to an individual outside the Government who is in a business or professional partnership with someone serving in the executive branch, an independent agency or the District of Columbia. The subsection prevents such individual from acting as attorney or agent for anyone other than the United States in any matters, including those in court, in which his partner in the Government is participating or has participated or which are the subject of his partner's official