(a) Any violation of the regulations contained in this Part 500 or the Miscellaneous Statutory Provisions incorporated therein by reference may be cause for appropriate disciplinary action. Such disciplinary action may be in addition to any penalty prescribed by law.

(b) In the event that the violation is a conflict of interest or an apparent conflict of interest and the Commission concludes that remedial action is required, immediate action shall be taken to end the conflict or appearance of conflict of interest.

(c) Remedial action may include, but is not limited to:

(1) Changes in assigned duties; (2) Divestment by the employee or Special Government Employee of his conflicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particular assignment.

(d) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations.

§ 500.735-115 Conduct of special government employees.

(a) Special Government Employees shall adhere to the standards of conduct made applicable to employees by the Commission's regulations contained in §§ 500.735-103, 500.735-104, and 500.735106 through 500.735-112.

(b) A Special Government Employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties.

(c) A Special Government Employee shall not use inside information obtained as a result of his Government employment for private gain for himself or another person either by direct action on

his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this subsection, “inside information" means information obtained under Government authority which has not become part of the body of public information.

(d) Special Government Employees may teach, lecture, or write in a manner not inconsistent with § 500.735-105 (c).

(e) A Special Government Employee shall not use his Government employment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

(f) Except as provided in § 500.735– 115(d), a Special Government Employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with this Commission anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

(g) Excepted from the "gift, gratuity, loan, entertainment, or favor" categories of $500.735-115 (f) are the items detailed in §§ 500.735-104(b) (1) through 500.735-104(b) (4).

(h) 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 Commission and of the Government. The Commission will alert each Special Government Employee to the regulations contained in this Part 500 and such statutes as relate to the ethical and other conduct of Special Government Employees by making available to such Special Government Employees glossed copies of this Part 500. § 500.735-116 Statements of outside employment and financial interests; format.

Statements of outside employment and financial interests required of certain employees and Special Government Employees by § 500.735-117 shall contain the information required by the formats prescribed by the Civil Service Commission in the Federal Personnel Manual at the times such statements are due.

§ 500.735-117 Same; employees included.

Statements of outside employment and financial interest shall be filed by

all employees of the Commission classified at GS-13 and above, who:

(a) Fill positions designated by the Commission as "Hearing Officers" or any equivalent term under section 18 of the Indian Claims Commission Act of 1946 (25 U.S.C. 70q); or

(b) Fill positions designated by the Civil Service Commission as "Hearing Examiners" under section 3105 of Title 5, United States Code, for determination of Indians' claims in accordance with the procedure set out in section 556 of Title 5, United States Code; or

(c) Issue initial decisions on Indians' claims without prior clearance of such initial decisions by one or more of the Commissioners of this Commission. § 500.735-118 sion.

Same; contested inclu

If any employee required to file a statement of outside employment and financial interest under § 500.735-117 complains or contends that his inclusion is improper, resolution of that complaint or contention shall be accomplished by review through the Commission's grievance procedure.

§ 500.735-119 Same; original and supplementary statements; when required.

An employee required to file a statement of outside employment and financial interest under § 500.735-117 shall submit that statement to the Chairman of the Commission not later than:

(a) Ninety days after the effective date of this Part 500 if employed on or before that effective date; or

(b) Thirty days after his entrance on duty, but not earlier than 90 days after the effective date, if appointed after that effective date.

(c) Annual supplementary statements, due on June 30 of each year, shall report:

(1) Changes in or additions to the information contained in an employee's statement of outside employment or financial interest; or

(2) That no changes or additions have occurred.

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 conflicts-of-interest provisions of section 208 of Title 18, United States Code, or of §§ 500.735-103 through 500.735-111 and § 500.735–113.

§ 500.735-120 Same; relatives' interests and information known to others. If an employee is required to file a statement of outside employment and financial interest under §§ 500.735-116 and 500.735-117:

(a) The interest of a spouse, minor child, or other member of an employee's immediate household is considered to be an interest of the employee. For the purpose of this subsection, "member of an employee's immediate household" means those blood relations who are residents of the employee's household.

(b) If any information required to be included on a statement of outside employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf.

§ 500.735-121 Same; information prohibited.

An employee required to file a statement or annual supplement of outside employment and financial interest under §§ 500.735-116 and 500.735-117 shall not be required to include therein any information relating to the employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of this subsection, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and are required to be included in an employee's statement of outside employment and financial interests.

§ 500.735-122 Same; confidentiality of

statements.

The Commission will hold each statement of outside employment and financial interest, and supplementary statements, in confidence. To that end, only the Chairman of the Commission, to whom such statements are to be submitted, and the remaining Commissioners if there is a possibility of disciplinary action under § 500.735-114, shall be permitted to examine such statements. The Chairman shall maintain exclusive custody of the statements and supplements

in confidence and shall not allow access to, or allow information to be disclosed from, a statement or supplement except to carry out the purpose of this Part 500. The Commission shall not disclose information from a statement or supplement except as the Chairman or the Civil Service Commission may determine for good cause shown.

§ 500.735-123 Same; effect on other requirements.

The statements of outside employment and financial interest and supplementary statements required to certain employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation.

§ 500.735-124

Statements of outside employment and financial interests; special government employees.

(a) Each Special Government Employee shall submit a statement which reports:

(1) All other concurrent employment; and

(2) Such categories of financial interests as the Chairman may determine are relevant in the light of the duties such Special Government Employee is to perform.

(b) The Chairman may waive the requirement in paragraph (a) (2) of this section if:

(1) The Special Government Employee is not a consultant or an expert; and

(2) The Commission finds that the duties of the position held by that Special Government Employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government.

(c) For the purpose of this § 500.735124, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual, but do not include:

(1) A physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients; or

(2) A veterinarian whose services are procured to provide care and service to animals.

(d) A statement of employment and financial interests required to be submitted under this section shall be submitted not later than the time of employment of the Special Government Employee as provided in the Commission's regulations. Each Special Government Employee shall keep his statement current throughout his employment with the Commission by the submission of supplementary statements as changes, additions, or deletions become necessary. § 500.735-125 Statements of outside employment and financial interest; review.

(a) The required initial and supplementary statements of outside employment and financial interest shall be reviewed by the recipient designated by § 500.735-119. Review by that designee will be made at his convenience to determine whether there is any apparent conflict of interest on the part of the reporting employee or Special Government Employee.

(b) The recipient designated by § 500.735-119 will also initially review any information from sources other than an initial or supplementary report tending to suggest a conflict of interest.

(c) In the event that the designee concludes that no conflict of interest exists, the employee shall be so notified and the subject closed.

(d) In the event that the designee concludes that a conflict of interest may exist, he shall confer with the employee concerned. If an accord is reached, the Commission need take no further action. If no accord is reached, the Commission in the form of a majority of the Commissioners will determine what disciplinary or remedial action, if any, may be warranted and will execute the same.

(e) At every stage of review, the affected employee or Special Government Employee will be afforded the opportunity to explain the conflict or appearance of conflict.

and presented by the duly appointed or elected officers of such organization, except as provided in paragraph (c) of this section.

(c) Where by virtue of fraud, collusion or laches on the part of a recognized tribal organization a claim has not been presented (or has not been included as part of a presented claim), any member of such tribe, band or group may file claim on behalf of all the other members of such tribe, band or group upon complying with the provisions of § 503.8 (a).

(d) Claims on behalf of any unorganized tribe, band or other identifiable group may be filed by any member of such tribe, band or identifiable group as the representative of all its members. § 503.2 Commencement of action.

(a) A claim shall be commenced by the filing of a petition with the Commission. (b) Twenty printed copies of each petition shall be filed. The Commission on motion accompanying a typewritten petition assigning good and sufficient cause, may waive or postpone printing of the petition. When printing of the petition is waived 8 legible typewritten copies thereof shall be filled.

§ 503.3 Service of petition.

Service shall be made upon the United States as follows:

By sending 15 copies of the printed petition or 4 copies of the typed petition by registered mail (return receipt requested) to the Attorney General of the United States at Washington 25, D. C. Service by mail is complete upon mailing. The return receipt shall be delivered to the Clerk of the Commission to be filed in the case.

§ 503.4 Service and filing of other

papers.

(a) Service-(1) When required. Every order required by its terms to be served, every pleading subsequent to the original petition, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each of the parties affected thereby, but no service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief shall be served in the manner provided for service in § 503.3.

(2) How made. Whenever under the rules in this part service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney of record (provided for in this paragraph) unless service upon the party himself is ordered by the Commission. Service upon the attorney of record or upon a party shall be made by delivering a copy to him or by mailing it to him at his address registered with the Clerk as required by § 503.35. Delivery of a copy within the provisions of this section means: Handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

(b) Proof of service-(1) File before taking action. Proof of service of papers required or permitted to be served, other than those for which a method of proof is prescribed by the Federal rules of civil procedure, shall be filed before action is to be taken thereon.

(2) Form of. The proof shall show the time and manner of service, and may be by written acknowledgment of service, by affidavit of the person making service, by certificate of a member of the bar of this Commission, or by other proof satisfactory to the Commission.

(3) Failure to make. Failure to make proof of service will not affect the validity thereof. The Commission may at any time allow the proof to be amended or supplied, unless to do so would result in material prejudice to a party.

(c) Filing. All papers after the petition required to be served upon a party shall be filed with the Commission either before service or within a reasonable time thereafter.

(d) Filing with the Commission defined. The filing of pleadings and other papers with the Commission as required by the rules in this part shall be made by filing them with the Clerk of the Commission, except that a Commissioner or Examiner when a claim is being heard by him may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the Clerk.

(a) Computation. In computing any period of time prescribed or allowed by the rules in this part by order of Commission, Commissioner or Examiner or by any applicable statute, the day of the act, event, or default after 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 a legal holiday in the District of Columbia, in which event the period runs until the end of the next day upon which the Commission is open for business. Legal holidays in the District of Columbia are as follows:

1st day of January, New Year's Day; Day of the inauguration of the President in every fourth year, January 20;

22d day of February, Washington's Birthday; 30th day of May, Decoration Day; 4th day of July, Independence Day; First Monday in September, Labor's Holiday; 11th day of November, Veterans Day; Any day appointed or recommended by the President of the United States as a day of public fasting or thanksgiving (Thanksgiving, generally the fourth Thursday in November);

25th day of December, Christmas Day.

(Code of Law for the District of Columbia, sec. 1389, 31 Stat. 1405.)

When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.

(b) Enlargement. When by the rules in this part or by a notice given thereunder or by order of the Commission an act is required or allowed to be done at or within a specified time, the Commission, or a Commissioner or Examiner in a case being heard by him, or by stipulation of the parties, for cause shown may at any time in its or his discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect.

(c) For motions; affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by the rules in this part or by order of