[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: 45CFR73.735-805]



[Page 186-187]

 

                        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.  73.735-805  Advice and guidance on conflicts matters.



    (a) Whenever an employee has a question about the appropriate course 

of conduct to be followed in a matter that may involve an actual or 

apparent conflict of interest, he or she should immediately consult with 

his or her supervisor or a deputy ethics counselor, or both. If a 

supervisor who is consulted determines that the matter warrants further 

consideration, he or she may, in conjunction with the employee, submit 

the details of the matter, in writing, to the appropriate deputy ethics 

counselor. These details should include a description of:

    (1) The activity, relationship, or interest giving rise to the 

question posed by the employee;



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    (2) The duties or official responsibilities of the employee(s) 

involved;

    (3) The nature of the actual or apparent conflict of interest; and

    (4) Any other information that may be helpful in reviewing the 

problem.

    (b) Upon receiving the submission of an employee or a supervisor, 

the deputy ethics counselor will develop any additional information 

about the matter as necessary, and will confer with the Department 

Ethics Counselor as appropriate. The Department Ethics Counselor and the 

head of the principal operating component or his or her designee will be 

informed of any serious violation of the standards of this subpart or 

any other conflict of interest law. Questions of first impression or 

other unusual matters shall be brought to the attention of the 

Department Ethics Counselor and the head of the principal operating 

component or his or her designee.

    (c) On the basis of all information gathered including, where 

appropriate, the advice of the Department Ethics Counselor, the deputy 

ethics counselor will:

    (1) Decide that there is no violation or potential violation of the 

standards of this subpart or any other law and so notify the employee 

and his or her supervisor in writing; or

    (2) Decide that a violation or potential violation of the standards 

of this subpart or other law has occurred or may occur, and that the 

employee involved shall take one or more of the steps set forth in Sec.  

731.735-904 to resolve the problem and notify the employee and his or 

her supervisor in writing; or

    (3) Decide that, although no violation of this subpart or other law 

has occurred, the nature of the matter is such that the employee should 

periodically report any additional information that would require 

reconsideration of the initial submission.