[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: 45CFR73.735-903]



[Page 189]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                 Subpart I_Reporting Financial Interests

 

Sec.  73.735-903  Action if conflicts of interest or possible conflicts 

are noted.



    (a) If after reviewing a financial disclosure report or a financial 

interest statement, a reviewing official believes that additional 

information is needed, he or she shall tell the individual submitting 

such report what additional information is required and the time by 

which it must be submitted.

    (b) If the reviewing official is of the opinion that, on the basis 

of information submitted, the reporting individual is not in compliance 

with applicable laws and regulations, he or she shall notify the 

individual, afford him or her a reasonable opportunity for a written or 

oral response, and after consideration of such response, determine 

whether or not the individual is in compliance.

    (c) If the reviewing official determines that an individual is not 

in compliance with applicable laws and regulations, he or she shall 

notify the individual of that determination in writing and, after an 

opportunity for personal consultation, determine and notify the 

individual of the action, including those actions set forth in Sec.  

73.735-904, that would be appropriate to assure compliance with such 

laws and regulations, and the date by which such action should be taken. 

The action required and the date for taking it shall be determined by 

the nature of the financial interest or other relationship, the 

particular circumstances of the reporting individual (including his or 

her ability to resolve the problem), and other factors which the 

reviewing official deems relevant. In no case, however, should the date 

be later than 90 days after the reporting individual is notified of the 

reviewing official's opinion.

    (d) If steps for assuring compliance with applicable laws and 

regulations are not taken by the date set in paragraph (c) of this 

section, the matter shall be referred to the Department Ethics 

Counselor.