[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR4.36]



[Page 37-38]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 4_HUD REFORM ACT--Table of Contents

 

    Subpart B_Prohibition of Advance Disclosure of Funding Decisions

 

Sec.  4.36  Action by the Ethics Law Division.



    (a) After review of the Inspector General's report, the Ethics Law 

Division shall determine whether or not there is sufficient information 

providing a reasonable basis to believe that a violation of Section 103 

or this subpart B has occurred.

    (b) If the Ethics Law Division determines that there is no 

reasonable basis to believe that a violation of Section 103 or this 

subpart B has occurred, it shall close the matter and send its 

determination to the Office of Inspector General.

    (c) If the Ethics Law Division determines that there is sufficient 

information to provide a reasonable basis to believe that a violation of 

Section 103 or this subpart B has occurred, it shall:

    (1) Send its determination to the Office of Inspector General; and

    (2) Refer the matter to the appropriate official for review as to 

whether to impose a civil money penalty in accordance with 24 CFR part 

30; provided, however, that the Ethics Law Division shall not make a 

civil money penalty recommendation unless it finds the violation to have 

been knowing and material. The decision to impose a civil money penalty 

in a particular matter may be made only upon referral from the Ethics 

Law Division.

    (d) In determining whether a violation is material, the Ethics Law 

Division shall consider the following factors, as applicable:

    (1) The content of the disclosure and its significance to the person 

to whom the disclosure was made;

    (2) The time during the selection process when the disclosure was 

made;

    (3) The person to whom the disclosure was made;

    (4) The dollar amount of assistance requested by the person to whom 

the disclosure was made;

    (5) The dollar amount of assistance available for a given 

competition or program;

    (6) The benefit, if any, received or expected by the employee, the 

employee's relatives or friends, or any other person with whom the 

employee is affiliated;

    (7) The potential injury to the Department.

    (e) If the Ethics Law Division determines that there is sufficient 

information to provide a reasonable basis to believe that a violation of 

Section 103 or this subpart B has occurred, it may, in addition to 

referring the matter under 24 CFR part 30, refer the matter to an 

appropriate HUD official for consideration of any other available 

disciplinary action. Any referral authorized by this paragraph (e) shall 

be reported to the Inspector General and



[[Page 38]]



may be reported to the employee's supervisor.