37 CFR 11.2 : Director of the Office of Enrollment and Discipline.

(a)Appointment. The shall appoint a Director of the of Enrollment and Discipline (OED Director). In the event of a vacancy in the of the , the may designate an employee of the to serve as acting . The shall be an active member in good standing of the bar of the highest court of a .

(b)Duties. The shall:

(1) Supervise staff as may be necessary for the performance of the 's duties.

(2) Receive and act upon applications for , prepare and grade the examination provided for in § 11.7(b), maintain the register provided for in § 11.5, and perform such other duties in connection with enrollment and recognition of attorneys and agents as may be necessary.

(3) Conduct investigations into the moral character and reputation of any individual seeking to be registered as an attorney or agent, or of any individual seeking limited recognition, deny or recognition of individuals failing to demonstrate possession of , and perform such other duties in connection with enrollment matters and investigations as may be necessary.

(4) Conduct investigations of matters involving possible grounds for discipline of coming to the attention of the . Except in matters meriting summary dismissal, no disposition under § 11.22(h) shall be recommended or undertaken by the until the accused shall have been afforded an opportunity to respond to a reasonable inquiry by the .

(5) With the consent of a panel of three members of the Committee on Discipline, initiate disciplinary proceedings under § 11.32 and perform such other duties in connection with investigations and disciplinary proceedings as may be necessary.

(6) Oversee the preliminary screening of information and close investigations as provided for in § 11.22.

(7) [Reserved]

(c)Petition to OED Director regarding enrollment or recognition. Any petition from any action or requirement of the staff of reporting to the shall be taken to the accompanied by payment of the fee set forth in § 1.21(a)(5)(i) of this chapter. Any such petition not filed within sixty days from the mailing date of the action or notice from which relief is requested will be dismissed as untimely. The filing of a petition will neither stay the period for taking other action which may be running, nor stay other proceedings. The petitioner may file a single request for reconsideration of a decision within thirty days of the date of the decision. Filing a request for reconsideration stays the period for seeking review of the 's decision until a final decision on the request for reconsideration is issued.

(d)Review of OED Director's decision regarding enrollment or recognition. A party dissatisfied with a final decision of the regarding enrollment or recognition shall seek review of the decision upon petition to the accompanied by payment of the fee set forth in § 1.21(a)(5)(ii) of this chapter. By filing such petition to the , the party waives any right to seek reconsideration from the . Any petition not filed within thirty days after the final decision of the may be dismissed as untimely. Briefs or memoranda, if any, in support of the petition shall accompany the petition. The petition will be decided on the basis of the record made before the . The in deciding the petition will consider no new evidence. Copies of documents already of record before the shall not be submitted with the petition. An oral will not be granted except when considered necessary by the . Any request for reconsideration of the decision of the may be dismissed as untimely if not filed within thirty days after the date of said decision. Only a decision of the regarding denial of a petition constitutes a final decision for the purpose of judicial review.

(e)Petition to USPTO Director in disciplinary matters. A party dissatisfied with any action or notice of any employee of the of Enrollment and Discipline during or at the conclusion of a disciplinary investigation shall seek review of the action or notice upon petition to the . A petition from any action or notice of the staff reporting to the shall be taken to the . A party dissatisfied with the 's final decision shall seek review of the final decision upon petition to the to invoke the supervisory authority of the in appropriate circumstances in disciplinary matters. Any petition under this paragraph must contain a statement of the facts involved and the point or points to be reviewed and the action requested. Briefs or memoranda, if any, in support of the petition must accompany the petition. Where facts are to be proven, the proof in the form of affidavits or declarations (and exhibits, if any) must accompany the petition. The may be directed by the to file a reply to the petition to the , supplying a copy to the petitioner. An oral on petition taken to the will not be granted except when considered necessary by the . The filing of a petition under this paragraph will not stay an investigation, disciplinary proceeding, or other proceedings. Any petition under this part not filed within thirty days of the mailing date of the action or notice from which relief is requested may be dismissed as untimely. Any request for reconsideration of the decision of the or the may be dismissed as untimely if not filed within thirty days after the date of said decision. Only a decision of the regarding denial of a petition constitutes a final decision for the purpose of judicial review.