f the mes ssion, wher hysical custa signated re losed in ad he inner en "For Offica AD-392 (r riate, and T ee Only.” disclosure un ment Act. ng individuak ancial reporti - Ethics in G nd shall submi report on Off Stan gement dance with thi he Senior Exec officers or em ve branch, incl ent employee & 202, whose pas -16 or above of e prescribed b he rate of basic at a rate equal 6; minimum rate who are adminis pointed pursuan (1) Within 30 days of assuming a position or office described in paragraph (a) of this section-unless the employee has already filed a current Standard Form 278 either for a similarly covered position which he or she has left within 30 days of assuming the duties of the new one, or has filed as a nominee for the position assumed; (2) Within 30 days of termination of employment from a position or office described in paragraph (a) of this section, unless the employee enters a similarly covered position within 30 days of such termination; and (3) On or before May 15 of each calendar year during the incumbency of an employee in a covered position, when he or she has served more than 60 days in such position during the previous calendar year. (c) Instructions covering the types of information to be provided on a Standard Form 278 are included with the form. The basic categories of information required are: income from and interests in property; purchases, sales and exchanges; gifts and reimbursements; liabilities; positions held; and relations with other employers. (d) Financial disclosure reports submitted under the provisions of this section shall be reviewed by the Director of Personnel as the Designated Agency Ethics Official, or by those individuals delegated authority for that purpose as Deputy Ethics Officials (subject to the restrictions of 5 CFR 738.204). ot described in pl ed to last for m (e) The official responsible for reviewing the disclosure statement shall either approve it, or make an initial determination that a conflict or appearance thereof exists, or may determine that additional information is needed to resolve potential problems. The reporting individual shall be afforded the opportunity for written or oral response to any initial determinations other than approval, and should a final determination of a conflict be made, shall be afforded the opportunity for a personal consultation where practicable. If after these steps have been taken the reviewing official determines that a conflict or appearance of a conflict continues to exist, the reporting individual shall be notified in writing of what steps must be taken to 27 resolve the problems. Failure to any required remedial actions result in appropriate discipl action against the individual inv in accordance with the provision CFR 734.604(b)(6). (f) Financial disclosure reports under the Ethics in Governmen of 1978 shall be made availabl public inspection within 15 day their receipt within the paramete tablished in 5 CFR 734.603. (g) The Ethics in Government A 1978 provides that the Office of ernment Ethics, Office of Perso Management, shall be responsible developing rules and regulations fecting financial disclosure proced under the Act. These regulations found in 5 CFR Part 734. Emplo with questions concerning this sec may consult the complete regulati in 5 CFR Part 734, ask their servic personnel office, or address their quiries directly to the Designa Agency Ethics Official, Director Personnel, Room 16-W, U.S. Dep ment of Agriculture, Washington, I 20250. (5 U.S.C. 301; Title II of Pub. L. 95-521 Stat. 1836, as amended, 5 U.S.C. app.; 11222 of May 8, 1965, 30 FR 6469, 3 C 1965 Supp.; 5 CFR 734.103) [47 FR 12608, Mar. 24, 1982] Whenever the Director of Personnel has reasonable cause to believe that a former employee of the Department has committed acts which violate 18 U.S.C. 207 (a), (b), or (c) he or she shall initiate administrative action pursuant to this subpart by notifying such employee (hereinafter respondent), in writing that: (a) Action is being instituted against him or her pursuant to this subpart as a result of allegations of a violation or violations of 18 U.S.C. 207. The respondent shall be informed of the allegations and the basis for them in sufficient detail to prepare an adequate defense; (b) He or she may request a hearing in writing within 15 working days by addressing the request to the Director of Personnel of the Department; (c) In the absence of such a request, the Director of Personnel shall decide the matter on its merits based upon the evidence gathered to date; and (d) The respondent may elect to supply a written rebuttal to the allegations in lieu of requesting a hearing. Such material shall be incorporated in the record and reviewed by the Director of Personnel prior to reaching a determination on the matter. § 0.735-54 Hearing officer. If the respondent, after receiving notice of action under this subpart, requests a hearing, the Secretary shall appoint a hearing officer for the matter. The hearing officer shall be an individual who has not been involved in any of the events specified in the allegations and who did not participate in the investigation of the allegations, or the decision to institute the proceeding, or the referral of the matter, if any, to the Department of Justice. The hearing officer shall be an individual with suitable experience § 0.735-61 Briefs and discovery. There shall be no discovery prior to the hearing, nor shall any briefs be submitted, absent specific request of the hearing officer. § 0.735-62 Open hearing. All hearings shall be open to the public unless closed for good cause by the hearing officer. Such a finding shall be made a part of the record by the hearing officer. § 0.735-63 Ex-parte communications. Neither petitioner or respondent, nor any representative thereof, shall make any ex-parte communications to the hearing officer concerning merits of the allegations against respondent prior to the issuance of his or her initial decision. § 0.735-64 Administrative record. The record of any proceeding shall consist of the statement of allegations conveyed to respondent, the transcript of the testimony at the hearing, the documents and other evidence produced and made a part of the record at the hearing, all pleadings and the initial decision of the hearing officer. § 0.735-65 Burden of proof. The petitioner shall have the burden of proof in this proceeding and must establish a violation by substantial evidence. § 0.735-66 Initial decision. Within 30 days of the termination of the hearing, the hearing officer shall issue an initial decision on the matter. In his or her initial decision, he or she shall set forth all findings of fact and conclusions of law relevant to the matcers at issue. 0.735-67 Appeal. Within 15 days of the date of receipt of the initial decision either party may ■ppeal the initial decision or any porion thereof to the Assistant Secretary or Administration, in writing, pointng to errors in the findings of fact or onclusions of law contained in the iniial decision. The opposing party shall ave ten days after receipt of a copy f the appeal to reply. In event of a finding, not overtur on appeal, of a violation of 18 U. 207, the Assistant Secretary for ministration may: (a) Prohibit the respondent f making, on behalf of any other per (except the United States) any for or informal appearance before, with the intent to influence, any or written communication to the partment on any matter of busin for a period not to exceed five ye which may be accomplished by dir ing Department employees to ref to participate in any such appearan or to accept any such communicatio and (b) Take other appropriate disci nary action. available records which they a thorized to withhold under 5 552 whenever they determine such disclosure is in the public est. § 1.2 Public access to certain materi (a) In accordance with 51 552(a)(2) each agency within th partment shall make the foll materials available for public in tion and copying (unless they promptly published and copies of for sale): (1) Final opinions, including co ring and dissenting opinions, as w orders, made in the adjudicatio cases; (2) Those statements of policy interpretation which have been ad ed by the agency and are not lished in the FEDERAL REGISTER; an (3) Administrative staff manuals instructions to staff that affe member of the public. (b) Each agency of the Depart shall also maintain and make avail current indexes providing identif information regarding any ma issued, adopted or promulgated a July 4, 1967, and required by p graph (a) of this section to be n available or published. Each ag shall publish and make available distribution, copies of such ind and supplements thereto at least o terly, unless it determines by No published in the FEDERAL REGI that publication would be unneces and impracticable. After issuanc such Notice, the agency shall pro copies of any index upon request cost not to exceed the direct cos duplication. § 1.3 Requests for records. (a) Any person who wishes to spect, or obtain copies of any recor an agency of the Department s submit a request in writing and dressed to the official designated regulations promulgated by agency. All such requests for rec shall be deemed to have been m pursuant to the Freedom of Infor tion Act, regardless of whether Act is specifically mentioned. To fa tate processing of a request, |