§ 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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