---
kind: "section"
citation: "5 C.F.R. § 3401.103"
title: "5"
number: "3401.103"
heading: "Procedures for accomplishing disqualification."
url: "https://uscodex.org/cfr/5/3401.103"
---

# §3401.103. Procedures for accomplishing disqualification.

- (a) An employee, other than a member of the Commission, who is required, in accordance with 5 CFR [2635.402(c)](/cfr/5/2635.402.md?p=c), [2635.502(e)](/cfr/5/2635.502.md?p=e), or [2635.604(a)](/cfr/5/2635.604.md?p=a), to disqualify himself from participation in a particular matter before the Commission shall provide written notice of disqualification to his supervisor and to the DAEO when he becomes aware of the need to disqualify himself from participation in the matter. This procedure is required notwithstanding the guidance in 5 CFR [2635.402(c)(2)](/cfr/5/2635.402.md?p=c-2), [2635.502(e)(2)](/cfr/5/2635.502.md?p=e-2), and [2635.604(c)](/cfr/5/2635.604.md?p=c).
- (b) An employee may withdraw written notice under [paragraph (a)](#a) of this section upon determining that disqualification from participation in the matter is no longer required. A withdrawal of disqualification shall be in writing and shall be provided to the employee's supervisor and to the DAEO.

## Notes

### Authority

Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); 42 U.S.C. 7171, 7172; 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; 5 CFR 2635.105, 2635.402(c), 2635.403, 2635.502(e), 2635.604, 2635.803.

### Source

Source: 61 FR 43414, Aug. 23, 1996, unless otherwise noted.