2611.203 Petitions regarding guidance documents.§ 2611.203 Petitions regarding guidance documents.
(a) Petition regarding modification or withdrawal of previously issued guidance. Any person may petition OGE to modify or withdraw a particular OGE guidance document. Petitions filed under this section must meet the criteria set forth in paragraph (b) of this section. OGE will respond to petitions in a timely manner, no later than 90 days after receipt of the petition.
(b) Required information for petition. A petition filed under this section must:
(1) Be submitted to OGE through one of the below two methods:
(i) By paper submission addressed to “General Counsel, U.S. Office of Government Ethics, Suite 500, Washington, DC 20005-3917,” with the words “Petition for Withdrawal or Modification of Guidance Document” at the top of the submission; or
(ii) By electronic submission to [email protected] and addressed to “General Counsel, U.S. Office of Government Ethics,” with the words “Petition for Withdrawal or Modification of Guidance Document” in the subject line of the message.
(2) Describe the nature of the request and set forth the text or substance of the guidance document or specify the guidance document, or portion of the guidance document, that the petitioner seeks to have modified or withdrawn, as the case may be;
(3) Explain the interest of the petitioner in the action requested;
(4) Contain any information and arguments available to the petitioner to support the action sought, including any alternative text or alternative interpretations and the legal basis for such text or interpretation; and
(5) Provide contact information for the petitioner.
(c) Review of petition. Each petition received under this section will be referred to the head of the division responsible for the subject matter of that petition. No hearing, argument, or other proceeding is required to be held on a petition before its disposition under this section.
(d) Grant of petition. The Director may grant a petition upon a determination that the petition contains adequate justification to warrant modification or withdrawal of the guidance document or portions of the guidance document. The Director, in his or her sole discretion, may determine that only a partial grant of the petition is appropriate. Modifications to guidance documents will comply with § 2611.201. Modifications to significant guidance documents will comply with subpart C of this part.
(e) Denial of petition. The Director may deny a petition or parts of a petition when the petition lacks adequate justification to warrant modification or withdrawal of a guidance document, calls for action that is inconsistent with law or regulation or is beyond OGE's statutory jurisdiction, seeks modification or withdrawal of a document that is not a guidance document, or lacks the required information set forth in paragraph (b) of this section.
(f) Notification to petitioner. Following a determination that a petition will be granted or denied, OGE will issue notification of the grant or denial to the petitioner at the address provided by the petitioner in paragraph (b) of this section explaining the reason for the determination. In the event that a petition is received by electronic mail, OGE will send notification to the electronic mail address from which the petition was received.
(g) Publication of petitions. In the event that OGE grants a petition under this section, OGE may publish the petition, including attachments and other supporting materials, on OGE's website, www.oge.gov. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Petitions generally will not be edited to remove any identifying or contact information.