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(ii) Taking other appropriate disci. plinary action.

(10) Judicial review. Any person found to have participated in a violation of 18 U.S.C. 207 (a), (b), or (c) of these regulations may seek judicial review of the administrative determination.

(11) Consultation and review. Each agency shall submit a copy of its procedures for administrative enforcement to the Director.

(6) Hearing rights. A hearing shall include, at a minimum, the following rights:

(i) To represent oneself or to be represented by counsel,

(ii) To introduce and examine witnesses and to submit physical evidence,

(iii) To confront and cross-examine adverse witnesses, (iv) To present oral argument, and

(v) To receive a transcript or record. ing of the proceedings, on request.

(7) Burden of proof. In any hearing under this subpart, the agency has the burden of proof and must establish substantial evidence of a violation.

(8) Hearing decision. (i) The presiding official shall make a determination exclusively on matters of record in the proceeding, and shall set forth in the decision all findings of fact and con. clusions of law relevant to the matters at issue.

(ii) Within a reasonable period of the date of an initial decision, as set by the agency, either party may appeal the decision to the agency head. The agency head shall base his or her decision on such appeal solely on the record of the proceedings or those portions thereof cited by the parties to limit the issues.

(iii) If the agency head modifies or reverses the initial decision, he or she shall specify such findings of fact and conclusions of law as are different from those of the hearing examiner.

(9) Administrative sanctions. The agency head may take appropriate action in the case of any individual who was found in violation of 18 U.S.C. 207 (a), (b), or (c) of these regulations after a final administrative de. cision or who failed to request a hear. ing after receiving adequate notice, by:

(i) Prohibiting the individual from making, on behalf of any other person except the United States, any formal or informal appearance before, or, with the intent to influence, any oral or written communication to, such department or agency on any matter of business for a period not to exceed five years, which may be accomplished by directing agency employees to refuse to participate in any such appearance or to accept any such communication;

§ 737.29 Effective date of restrictions.

(a) Persons affected. Any person who holds a Government position after June 30, 1979, becomes subject to any additional restrictions relating to the holder of that position contained in the amendments to 18 U.S.C. 207 as set forth in these regulations. Restrictions which depend on the designation of a position by the Director shall become applicable on the date such designation becomes effective.

(b) Fair notice of substantive changes. No change in the substance of these regulations shall become ef. fective with respect to a Government employee who is adversely affected by such change until and unless such em. ployee remains in a position to which such change is applicable for a period of five months following the first publication of a regulation in final form, reflecting or prescribing such change, or unless such employee accepts such a position after the publication. 8737.31 Separate statutory agencies: Des.

ignations. In accordance with the provisions of 18 U.S.C. 207(e) and $ 737.13, each of the following departments or agencies is determined, for purposes of 18 U.S.C. 207(c), to have within it sepa. rate statutory agencies or bureaus as set forth below: Parent Agency: DEPARTMENT OF THE

TREASURY
Separate Statutory Components:

Bureau of Alcohol, Tobacco and Firearms
Bureau of Engraving and Printing
Bureau of of the Mint
Comptroller of the Currency
Internal Revenue Service
United States Customs Service
United States Secret Service

or

443

Please note that Title V, Part 737 SS32 and 33 were not included in the materials provided herein because of their length. For this information, please check Title V in the Code of Federal Regulations C.F.R.

TAB VI

POLITICAL ACTIVITIES: THE HATCH ACT, 5 U.S.C. 7312-7328

Page 823

TITLE 5 GOVERNMENT ORGANIZATION AND EMPLOYEES

87312. Employment and clearance; individuals re

moved for national security Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an Individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524; Pub. L 95-454, title IX, $ 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

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The words “Removal under section 7532 of this title" and "so removed" are coextensive with and substituted for "termination of employment herein provided" and "whose employment has been terminated under the provisions of said sections", respectively.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

AMENDMATS 1978-Pub. L 95-454 substituted “Office of Personnel Management" and "Office" for "Civil Service Com. mission" and "Commission", respectively.

ETTECTIVE DATE OF 1978 AXENDMENT Amendment by Pub. L 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L 95-454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.

87313. Riots and civil disorders

(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of

(1) inciting a riot or civil disorder;

(2) organizing, promoting, encouraging, or participating in a riot or civil disorder;

(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or

(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating

in, a riot or civil disorder; shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Colum. bia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position.

87321

(b) For the purposes of this section, "felony" means any offense for which imprisonment is authorized for a term exceeding one year. (Added Pub. L. 90-351, title V, $ 1001(a), June 19, 1968, 82 Stat. 235.)

ETTECTIVE DATE Section 1002 of Pub. L 90-351 provided that: “The provisions of section 1001(a) of this title (enecting this section) shall apply only with respect to acts referred to in section 7313(2x1)) of title 5, United States Code, as added by section 1001 of this title (subsec. (a) (1)-(4) of this section), which are committed after the date of enactment of this title (June 19, 1968)."

RECEIPT OF BENETTTS UNDER LAWS PROVIDING RAI

POR DISASTER VICTIUS Section 1106(e) of Pub. L 90-448, title XI, Aug. 1, 1968, 82 Stat. 567, provided that: “No person who has been convicted of committing a felony during and in connection with a riot or civil disorder shall be permitted, for a period of one year after the date of his conviction, to receive any benefit under any law of the United States providing relief for disaster victims."

SUBCHAPTER III-POLITICAL

ACTIVITIES

COMMISSION ON POLITICAL ACTIVITY OF GOVERNMENT

PERSONNAL Pub. L 89-617, Oct. 3, 1966, 80 Stat. 868, as amended by Pub. L 90-55, July 20, 1967, 81 Stat. 124, estab Ished a Commission on Political Activity of Government Personnel to make a full and complete investigation and study of the Federal laws which limit or discourage the participation of Federal and State officers and employees in political activity with a view to de. termining the effect of such laws, the need for their revision or elimination, and an appraisal of the extent to which undesirable results might accrue from their repeal. The Commission was directed to submit a comprehensive report of its activities and the results of its studies to the President and to the Congress on or before December 31, 1967.

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1206, 4703, 7103, 7121 of this title; title 22 section 4101; title 31 section 732; title 42 sections 3522, 4309, 5055.

8 7321. Political contributions and services

The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service is not obliged, by reason of that employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 525.)

HISTORICAL AND REVISION NOTES

Derivation

U.S. Code

Revised Statutes and

Slatules at Large

5 US.C. 633(2)5.

Jan. 16, 1883, ch. 27, 12(2)

5, 22 Stat 404.

The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302 of this title.

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