[Title 28 CFR G]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart G - 2--Office of Professional Responsibility]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01false2--Office of Professional ResponsibilityGSubpart GJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart G-2--Office of Professional Responsibility
Source: Order No. 833-79, 45 FR 27754, Apr. 24, 1980.
Sec. 0.39 Organization.
The Office of Professional Responsibility shall be headed by a
Counsel, appointed by the Attorney General. The Counsel shall be subject
to the general supervision and direction of the Attorney General or,
whenever appropriate, of the Deputy Attorney General or the Associate
Attorney General or the Solicitor General.
Sec. 0.39a Functions.
The Counsel on Professional Responsibility shall:
(a) Receive and review any information or allegation concerning
conduct by a Department employee that may be in violation of law,
regulations or orders, or of applicable standards of conduct or may
constitute mismanagement, gross waste of funds, abuse of authority, or a
substantial and specific danger to public health or safety. However,
this provision does not preempt the primary responsibility of internal
inspection units of the Department to receive such information or
allegations and to conduct investigations.
(b) Receive and review any allegation of reprisal against an
employee or applicant who discloses information pursuant to paragraph
(a) of this section. Any disclosure by an employee or applicant to the
appropriate internal inspection unit of the Department under this
subsection shall constitute disclosure to the Attorney General or the
Counsel.
(c) Make such preliminary inquiry as may be necessary to determine
whether the matter should be referred to another official within the
Department.
(d) Refer any matter that appears to warrant examination in the
following manner:
(1) If the matter appears to involve a violation of law, to the head
of the investigative agency having jurisdiction to investigate such
violations;
(2) If the matter appears not to involve a violation of law, to the
head of the office, division, bureau or board to which the employee is
assigned, or to the head of its internal inspection unit;
(3) If referral to the official indicated in paragraph (d)(1) or (2)
of this section would be inappropriate, to the Attorney General and the
Deputy Attorney General or, if referral to both the Attorney General and
the Deputy Attorney General would also be inappropriate, to whichever of
them would be proper or to the Associate Attorney General or the
Solicitor General.
(e) Receive. (1) Reports containing the findings of any
investigation undertaken upon matters referred under paragraph (d)(2) of
this section and the administrative sanction to be imposed, if any
sanction is warranted; and
(2) Monthly reports from the internal inspection units setting forth
any information or allegations received pursuant to paragraph (a) or (b)
of this section and the status of any pending investigations.
(f) Notify within a reasonable period of time any person who has
submitted information or made allegations pursuant to paragraph (a) or
(b) of this section of the final result of any investigation undertaken:
Provided, That such notification is permitted by and accords with
applicable statutes and regulations.
(g) Recommend to the Attorney General, the Deputy Attorney General,
the Associate Attorney General, or the Solicitor General what further
action should be undertaken with regard to any matter referred to such
official under paragraph (d)(3) of this section, including the
assignment of any task force or individual to undertake the action
recommended and any special arrangements that appear warranted.
(h) Undertake any investigation of a matter referred under paragraph
(d)(3) of this section that may be assigned by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or the
Solicitor General, or cooperate with any other organization, task force,
or individual that may be
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assigned by such official to undertake the investigation.
(i) Submit to the Attorney General and the Deputy Attorney General
or, if submission to both would be inappropriate, to whichever of them
would be proper or to the Associate Attorney General or the Solicitor
General:
(1) An immediate report concerning any matter referred under
paragraph (d)(1) or (d)(2) of this section that should be brought to the
attention of a higher official;
(2) An immediate report concerning the adequacy of any investigation
of a matter referred under paragraph (d) of this section, if the Counsel
believes that a significant question exists as to the adequacy of such
investigation; and
(3) An annual report, or a semi-annual report if the Counsel
determines this to be necessary, reviewing and evaluating the activities
of internal inspection units, or where there are no such units, the
discharge of comparable duties within the Department.
(j) Submit recommendations to the Attorney General and the Deputy
Attoney General on the need for changes in policies or procedures that
become evident during the course of the Counsel's inquiries.
(k) Undertake any other responsibilities assigned by the Attorney
General including duties relating to the improvement of the performance
of the Department.
Sec. 0.39b Confidentiality of information.
Whenever any employee of or applicant to the Department provides
information pursuant to Sec. 0.39a(a) or (b), the Counsel and the
internal inspection unit shall maintain the confidentiality of the
employee or applicant unless the employee or applicant consents to the
release of his or her identity or the Counsel determines that the
disclosure of the identity is necessary to resolve the allegation.
Sec. 0.39d Relationship to other departmental units.
(a) Primary responsibility for assuring the maintenance of the
highest standards of professional responsibility by Department employees
shall continue to rest with the heads of the offices, divisions, bureaus
and boards of the Department.
(b) Primary responsibility for investigating an allegation of
unprofessional conduct that is lodged against an employee of the
Department normally shall continue to rest with the head of the office,
division, bureau, or board to which the employee is assigned, or with
the head of its internal inspection unit, or, if the conduct appears to
constitute a violation of law, with the head of the agency having
jurisdiction over the subject matter involved.
(c) The heads of the offices, divisions, bureaus, and boards shall
provide information and assistance requested by the Counsel in
connection with reviews or investigations conducted by the Counsel or by
any other person assigned to conduct reviews or investigations and shall
keep the Counsel informed of major investigations that they are
conducting.
(d) Employees of the Department may be assigned to the Office of
Professional Responsibility on a case-by-case basis to conduct such
inquiries as may be warranted. However, no investigative personnel shall
be assigned except under the specific direction of the Attorney General
or the Deputy Attorney General and, in normal course, with the agreement
of the head of the unit to which the investigative personnel are
regularly assigned. Personnel assigned to the Office shall work under
the direction of the Counsel.
Sec. 0.39e Committee on Professional Responsibility.
The Committee on Professional Responsibility shall consist of
Department officials designated by the Attorney General and shall serve
as an advisory body to the counsel.