[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: 45CFR73.735-702]



[Page 179-180]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart G_Outside Activities

 

Sec.  73.735-702  Criminal prohibitions on outside activities.



    (a) An employee may not, with or without compensation, represent 

another before any Government agency, court or commission in connection



[[Page 180]]



with any proceeding, application, request for a ruling, contract, claim 

or other particular matter in which the United States is a party or has 

a direct and substantial interest. (18 U.S.C. 203 and 205)

    (b) An employee may not act as agent or attorney for anyone else in 

prosecuting any claim against the United States (18 U.S.C. 205).

    (c) As an exception to the above, if it is not inconsistent with the 

performance of his or her duties, an employee may act without 

compensation as an agent or attorney for another employee, or a person 

under active consideration for Federal employment, who is the subject of 

disciplinary, loyalty, or other personnel administration proceedings in 

connection with those proceedings at the administrative level. For 

example, an employee may represent another employee who is the subject 

of disciplinary action, or the complainant in a discrimination 

proceeding, at all stages within the Department and before the Merit 

Systems Protection Board or Equal Employment Opportunity Commission but 

not in Federal Court. It would be inconsistent with the performance of 

official duties for a supervisor to represent subordinate employees.

    (d) The law and these regulations do not prohibit an employee from 

acting, with or without compensation, as agent or attorney for his or 

her parents, spouse, child or any person for whom, or estate for which, 

he or she is acting as fiduciary provided that the head of the principal 

operating component or his or her designee approve. Such approval, if 

granted, must be granted in accordance with the procedures for approval 

of outside activity. However, the employee may not do so if the 

particular matter is one in which he or she has participated personally 

and substantially or which is his or her official responsibility. (18 

U.S.C. 205).