12 CFR 367.15 – Additional proceedings as to disputed material facts
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(a) In actions not based upon a conviction or civil judgment, if the Ethics Counselor finds that the contractor’s submission raises a genuine dispute over facts material to the proposed suspension and/or exclusion, the contractor shall be afforded an opportunity to appear (with counsel, if desired), submit documentary evidence, present witnesses, and confront any witnesses the FDIC presents.
Terms Used In 12 CFR 367.15
- Conviction: A judgement of guilt against a criminal defendant.
- Ethics Counselor: includes any official designated by the Ethics Counselor to act on the Ethics Counselor's behalf. See 12 CFR 367.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) The Ethics Counselor may refer disputed material facts to another official for analysis and recommendation.
(c) If requested, a transcribed record of any additional proceedings shall be made available at cost to the contractor.