[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR73.735-1004]



[Page 193-194]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

   Subpart J_Provisions Relating to Experts, Consultants and Advisory 

                            Committee Members

 

Sec.  73.735-1004  Requesting waivers or exemptions.



    (a) A consultant may present in writing to the official for whom he 

or she provides services requests for the waivers or exemptions 

specified in Sec.  73.735-1003. That official will take, or refer the 

request for, action as appropriate, and will see that the employee 

receives advice or decision on his or her request.

    (b) A file of all waivers or exemptions granted shall be maintained 

in such manner that information can be given promptly on individual 

cases or statistics provided upon request. Generally, these records, 

together with written advice given in connection with less formal 

requests concerning questions of ethical standards, are kept with the 

employee's statement of employment and financial interests or financial 

disclosure report (Sec.  73.735-1006).

    (c)(1) Waiver for reviewers from certain multi-campus institutions. 

Applicability of the prohibitions of 18 U.S.C. 208(a) and this subpart 

are hereby waived pursuant to a determination that the interest involved 

is too remote or too inconsequential to affect the integrity of a 

special Government employee's review of a funding application or 

contract proposal from one campus of one of the following multi-campus 

institutions, where the interest consists solely of employment as a 

faculty member (including Department Chairman) at a separate campus of 

the same multi-campus institution:



    The University of Alabama system consisting of the University of 

Alabama, the University of Alabama in Birmingham, and the University of 

Alabama in Huntsville.

    The campuses of the University of California.

    The system consisting of Colorado State University, the University 

of Southern Colorado, and Fort Lewis College.

    The Indiana University system consisting of eight universities on 

nine campuses, with the exception of the system-wide schools: the School 

of Business; the School of Dentistry; the School of Medicine; the School 

of Nursing; and the School of Public and Environmental Affairs.

    The University of Nebraska system consisting of the University of 

Nebraska--Lincoln, the University of Nebraska at Omaha, and the 

University of Nebraska Medical Center.

    The campuses of the State University of New York.

    The Oregon system of higher education consisting of the University 

of Oregon, Oregon State University, Oregon Health



[[Page 194]]



Sciences University, Portland State University, Western Oregon State 

College, Southern Oregon State College, Eastern Oregon State College, 

and the Oregon Institute of Technology.

    The campuses of the University of Tennessee.

    The separate universities comprising the University of Texas System.

    The separate universities comprising the University of Wisconsin 

System.



    (2) Institutions that are not subject to 18 U.S.C. 208(a) and the 

subpart, because they are not part of the same organization within the 

State. The following State institutions and systems of higher education 

have been determined to be separate from each other to such a degree 

that no waiver is necessary in order to permit a faculty member 

(including Department Chairman) employed by one of the State 

institutions of higher education to review a funding application or 

contract proposal from another of the named institutions within that 

State:



    The University of Alabama System and other Alabama State owned 

institutions of higher education.

    The California Community Colleges, the California State Universities 

and Colleges, and the University of California.

    The University of Colorado, Colorado State University, and other 

Colorado State owned institutions of higher education.

    The University of Connecticut, Connecticut State University, the 

Connecticut Technical Colleges, and the Connecticut Community Colleges.

    The University of Illinois, Illinois State University, Western 

Illinois University, Southern Illinois University, and the Illinois 

Community Colleges.

    The Indiana University and the other Indiana State owned 

institutions of higher education.

    The University of Iowa, and Iowa State University.

    The University of Kansas, Kansas State University, Wichita State 

University, Fort Hays State University, Pittsburg State University, and 

the Kansas Technological Institute.

    Louisiana State University, and other Louisiana State owned 

institutions of higher education.

    The University of Massachusetts, and other Massachusetts State owned 

institutions of higher education.

    The University of Michigan, Michigan State University, and Wayne 

State University.

    The University of Minnesota, the Minnesota State University System, 

and the Minnesota Community College System.

    The University of Missouri, and other Missouri State owned 

institutions of higher education.

    The University of Nebraska, and other Nebraska State owned 

institutions of higher education.

    The State University of New York System, and the City University of 

New York System.

    The University of North Carolina, North Carolina State, and other 

North Carolina State owned institutions of higher education.

    Pennsylvania State University, the University of Pittsburgh, Temple 

University, Lincoln University, and the other State owned colleges and 

universities in Pennsylvania.

    The University of Texas System, the Texas A&M System, the Texas 

State University System, the University System of South Texas, the Lamar 

University System, the University of Houston System, East Texas State 

University, Stephen F. Austin State University, West Texas State 

University, Midwestern University, North Texas State University, Texas 

Southern University, Texas Woman's University, Texas Tech University and 

Pan American University.

    The University of Utah and Utah State University.



[46 FR 7369, Jan. 23, 1981, as amended at 51 FR 15627, Apr. 25, 1986]