---
kind: "section"
citation: "5 C.F.R. § 2638.403"
title: "5"
number: "2638.403"
heading: "Formal action."
url: "https://uscodex.org/cfr/5/2638.403"
---

# §2638.403. Formal action.


If the Director determines that informal action, pursuant to [§ 2638.402](/cfr/5/2638.402.md), has not produced an acceptable resolution, the Director may issue an order directing the agency to take specific corrective action.

- (a) **Before issuing such an order, the Director will—**
  - (1) Advise the agency in writing of the deficiency in its ethics program;
  - (2) Describe the action that the Director is considering taking;
  - (3) Provide the agency with 30 days to respond in writing; and
  - (4) **Consider any timely written response submitted by the agency.**
- (b) If the Director is satisfied with the agency's response, no order will be issued.
- (c) If the Director decides to issue an order, the order will describe the corrective action to be taken.
- (d) If the agency does not comply with the order within a reasonable time, the Director will:
  - (1) Notify the head of the agency of intent to furnish a report of noncompliance to the President and the Congress;
  - (2) Provide the agency 14 calendar days within which to furnish written comments for submission with the report of noncompliance; and
  - (3) **Report the agency's noncompliance to the President and to the Congress.**

## Notes

### Authority

Authority: 5 U.S.C. App. 101-505; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

### Source

Source: 81 FR 76273, Nov. 2, 2016, unless otherwise noted.