[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR641.323]

[Page 378]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 641--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents
 
                       Subpart C--Grant Operations
 
Sec. 641.323  Nepotism.

    (a) No grantee or subgrantee may hire, and no host agency may be a 
work site for a person who works in an administrative capacity, staff 
position, or community service position funded under title V of the OAA 
or this part if a member of that person's immediate family is engaged in 
a decision-making capacity (whether compensated or not) for that 
project, subproject, grantee, subgrantee or host agency. This provision 
may be waived by the Department at work sites on Native American 
reservations and rural areas provided that adequate justification can be 
documented, such as that no other persons are eligible for 
participation.
    (b) To the extent that an applicable State or local legal 
requirement regarding nepotism is more restrictive than this provision, 
that requirement shall be followed.
    (c) For purposes of this section:
    (1) Immediate family means wife, husband, son, daughter, mother, 
father, brother, sister, son-in-law, daughter-in-law, mother-in-law, 
father-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, 
nephew, stepparent, stepchild, grandparent, and grandchild.
    (2) Engaged in an administrative capacity includes those persons 
who, in the administration of projects, or host agencies, have 
responsibility for, or authority over those with responsibility for, the 
selection of enrollees from among eligible applicants.