§  1.24   Censure, suspension, or disbarment of attorneys.

   (a) The Commission may censure, suspend, or disbar any person who has
   practiced, is practicing or holding himself out as entitled to practice
   before it if it finds that such person:

   (1) Does not possess the qualifications required by §  1.23;

   (2) Has failed to conform to standards of ethical conduct required of
   practitioners at the bar of any court of which he is a member;

   (3) Is lacking in character or professional integrity; and/or

   (4) Displays toward the Commission or any of its hearing officers
   conduct which, if displayed toward any court of the United States or
   any of its Territories or the District of Columbia, would be cause for
   censure, suspension, or disbarment.

   (b) Except as provided in paragraph (c) of this section, before any
   member of the bar of the Commission shall be censured, suspended, or
   disbarred, charges shall be preferred by the Commission against such
   practitioner, and he or she shall be afforded an opportunity to be
   heard thereon.

   (c) Upon receipt of official notice from any authority having power to
   suspend or disbar an attorney in the practice of law within any state,
   territory, or the District of Columbia which demonstrates that an
   attorney practicing before the Commission is subject to an order of
   final suspension (not merely temporary suspension pending further
   action) or disbarment by such authority, the Commission may, without
   any preliminary hearing, enter an order temporarily suspending the
   attorney from practice before it pending final disposition of a
   disciplinary proceeding brought pursuant to §  1.24(a)(2), which shall
   afford such attorney an opportunity to be heard and directing the
   attorney to show cause within thirty days from the date of said order
   why identical discipline should not be imposed against such attorney by
   the Commission.

   (d) Allegations of attorney misconduct in Commission proceedings shall
   be referred under seal to the Office of General Counsel. Pending action
   by the General Counsel, the decision maker may proceed with the merits
   of the matter but in its decision may make findings concerning the
   attorney's conduct only if necessary to resolve questions concerning an
   applicant and may not reach any conclusions regarding the ethical
   ramifications of the attorney's conduct. The General Counsel will
   determine if the allegations are substantial, and, if so, shall
   immediately notify the attorney and direct him or her to respond to the
   allegations. No notice will be provided to other parties to the
   proceeding. The General Counsel will then determine what further
   measures are necessary to protect the integrity of the Commission's
   administrative process, including but not limited to one or more of the
   following:

   (1) Recommending to the Commission the institution of a proceeding
   under paragraph (a) of this section;

   (2) Referring the matter to the appropriate State, territorial, or
   District of Columbia bar; or

   (3) Consulting with the Department of Justice.

   [ 28 FR 12415 , Nov. 22, 1963, as amended at  57 FR 38285 , Aug. 24, 1992;
    60 FR 53277 , Oct. 13, 1995]

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