5 C.F.R. § 2638.402 Corrective orders.
Title 5 - Administrative Personnel
(a) Notice. Where the Director has information indicating that an agency ethics program is not in full compliance with the requirements set forth in applicable statutes or regulations, the Director may issue a Notice of Deficiency to the designated agency ethics official and request an agency report under paragraph (b) of this section. (b) Agency report. Within such time as may be set forth in the Notice of Deficiency, the designated agency ethics official shall provide a written report to the Director that shall include relevant information about the agency's ethics program. The ethics official's report may include: (1) Information establishing that there is no deficiency; (2) An explanation of how any deficiency is being corrected; or (3) A plan for correcting any deficiency within a reasonable period of time. (c) Director's determination. The Director will make a determination based on the agency report. (1) If the Director determines that there is no deficiency, the designated agency ethics official will be so notified. (2) If the Director determines that appropriate steps are being taken or that the agency has presented an adequate plan for correcting the deficiency, the Director will so notify the designated agency ethics official and, in consultation with the designated agency ethics official, establish requirements for status reports, if necessary, and for notification when the deficiency has been corrected. (3) If the Director determines that a deficiency is not being corrected, the Director will issue an Order under paragraph (d) of this section. (d) Orders. An order issued by the Director will be addressed to the head of the agency with a copy to the designated agency ethics official and shall specify: (1) The deficiency in the agency ethics program that requires correction; (2) The basis upon which the Director has determined that a deficiency exists; (3) The corrective action required to remedy the deficiency; and (4) Any reporting requirements necessary to establish that corrective action has been accomplished.
Title 5: Administrative Personnel
PART 2638—OFFICE OF GOVERNMENT ETHICS AND EXECUTIVE AGENCY ETHICS PROGRAM RESPONSIBILITIES
Subpart D—Correction of Executive Branch Agency Ethics Programs
§ 2638.402 Corrective orders.
