Mr. Chairman, I would like to clarify an important matter: Deputy Commissioner Sweeney never made a recommendation.
He was, pursuant to the code, appointed as the appropriate officer. It is up to the appropriate officer to make a determination with respect to whether to proceed or to not proceed. I would point out that the Federal Court, in its decision also when addressing questions of procedural fairness, underscored that the commissioner—in that case the court was speaking of my predecessor, but the reference certainly applies to me as commissioner, as well—does not make the determination as to whether or not someone is guilty or not guilty, or whether there is a case to be made for adjudication.
Deputy Commissioner Sweeney did not make a recommendation to me. Deputy Commissioner Sweeney conveyed his decision to me, and I took action pursuant to that decision.