§ 500.735-112 Counseling and interpretations.

(a) The Chairman of the Commission shall, from time to time, designate an employee in whom he has complete personal confidence to be the counselor for the Commission and to serve as the Commission's designee to the Civil Service Commission on matters covered by this Part 500. The counselor shall be responsible for coordination of the Commission's counseling services provided under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this Part 500 are available to deputy counselors designated under paragraph (b) of this section.

(b) The Chairman of the Commission shall also designate one or more deputy counselors, as required, for the Commission's employees and Special Government Employees. Deputy counselors designated under this section shall be qualified and in a position to give authoritative advice and guidance to each employee and Special Government Employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by this Part 500.

(c) Notification to existing employees and Special Government Employees of the Commission of the availability of such counseling services, including how and where available, shall be made by delivery of glossed copies of this Part 500 to each employee or Special Government Employee within 90 days after approval of this Part 500. Notification to employees and Special Government Employees who enter on duty after 90 days after approval of this Part 500 shall be made by delivery of glossed copies of this Part 500 when such employee or Special Government Employee reports for his first work day.

§ 500.735-113 Miscellaneous statutory provisions.

Each employee shall acquaint himself with each statute or portion thereof that relates to his ethical and other conduct as an employee of the Commission and of the Government. The

attention of all employees is directed to the following statutory provisions:

(a) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service."

(b) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to employees of the Commission.

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

(d) The prohibitions against disloyalty and striking (5 U.S.C. 7311; 18 U.S.C. 1918).

(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(f) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798; 50 U.S.C. 783) and (2) the disclosure of confidential information (18 U.S.C. 1905).

(g) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a (c)).

(i) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(j) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(n) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641), (2) failing to account for public money (18 U.S.C. 643), and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(0) The prohibition against unauthorized use of documents relating to

claims from or by the Government (18 U.S.C. 285).

(p) The prohibitions against political acitivities in subchapter III of Chapter 73 of Title 5, United States Code, and in 18 U.S.C. 602, 603, 607, and 608.

(q) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

(r) The prohibition against any Commissioner of the Commission engaging in other business during his term of office or representing any Indian tribe, band, or group within two years after termination of his term of office (25 U.S.C. 70b(c)).

§ 500.735-114 Disciplinary action.

(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 500.735-106 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 § 500.735115(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 con

tained 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 Same; contested inclusion.

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 interest 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 inIcluded in an employee's statement of outside employment and financial interests.

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 § 500.735114, 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 im

posed 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.

Sec.

503.12 Counterclaim and set-off. 503.13 Amended and supplemental pleadings.

503.14 Interrogatories to parties and depositions pending action.

503.15 Depositions to perpetuate testimony.

503.16 Persons before whom depositions may be taken.

503.17 Depositions upon oral examination. 503.18 Depositions of witnesses upon written interrogatories.

503.19 Effect of errors and irregularities in depositions.

503.20 Calls on departments or agencies of the Government.

530.21 Documentary evidence.
503.22 Hearings.
503.23 Evidence.
503.24 Subpoena.

503.25 Consolidation; separate trials.
503.26 Preliminary decisions and report.
503.27 Exceptions to the report.
503.28 Briefs.

503.29 Reply brief.

503.30 Trial calendar.

503.31 Evidence in other cases.

503.32 Stipulations.

503.33 Motions for rehearing and for amendment of findings.

503.34 Claims filed by attorney.

503.34a Attorney's contracts to be filed. 503.34b Attorney's fees and expenses. 503.35 Attorneys to register.

503.36 Attorney's death or incapacitation. 503.37 Attorney's qualification. 503.38 Disbarment and suspension. 503.39 Clerk, docket and journal. 503.40 Seal.

503.41 Copies.

503.42 Method of citing.

AUTHORITY: Sec. 9, 60 Stat. 1051; 25 U.S.C.

70h.

SOURCE: 33 FR 9236, June 21, 1968, unless otherwise noted.

NOTE: Nomenclature changes affecting this Part 503 appear at 37 FR 21938 and 21939, Oct. 17, 1972.

§ 503.1 Plaintiffs.

(a) Claims within the jurisdiction of the Indian Claims Commission of the United States (60 Stat. 1049), hereafter, referred to in this part as the Commission, may be presented by any Indian tribe, band or other identifiable group of American Indians.

(b) Claims by Indian tribes, bands or groups which have tribal organizations recognized by the Secretary of the Interior as having authority to represent