[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: 45CFR73.735-804]



[Page 186]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart H_Financial Interest

 

Sec.  73.735-804  Waiver of the prohibitions in this subpart.



    (a) An employee may request approval to participate in his or her 

official capacity in a matter in which he or she has a direct or 

indirect financial interest if the employee believes the interest is so 

remote and inconsequential that it would not affect the integrity of his 

or her official duties. Also an employee who has a financial interest 

that would otherwise be prohibited under these regulations may request 

an exemption from the prohibition for the reason stated in the preceding 

sentence.

    (b) The request shall be in writing and shall include the following 

information:

    (1) Employee's name, occupational title, grade or rank and Federal 

salary;

    (2) Full description of financial interest: including whether 

ownership, service as officer, partner, etc.;

    (3) Business or activity in which financial interest exists;

    (4) Description of official matter in which employee is requesting 

approval to participate;

    (5) Basis for requesting determination that the interest is ``not so 

substantial as to be deemed likely to affect the integrity of the 

services which the Government may expect.'' (If based on a small total 

value of investment, supply appropriate information on total value, such 

as total shares held and latest quoted market price. If other basis, 

explain fully.)



The request should be sent through usual administrative channels to the 

official responsible for reviewing financial disclosure reports or 

statements for the employee's organization (Subpart I). That official, 

after conferring with a deputy ethics counselor or with the Department 

Ethics Counselor as appropriate, will make a decision about the 

exemption or exception and inform the employee in writing.