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<br /> of ACTION, subject to the restrictions (b) tract for that position. In addition, a
<br /> -1.- through (e) of § 1201.735-303, the matter letter describing the violation will be
<br /> -4 shall be referred to the Committee on Con- placed inIthe employee's personnel file.
<br /> .. 1 filet of Interests for determination. The
<br /> • Committee shall consider the following fac- § 1201.735-305 Employment with ACTION
<br /> tors and any others it deems relevant: grantee or contractor
<br /> i (1) The nature, length, and origin of the
<br /> .,.., special employee's relationship with the An employee of an ACTION grantee or con-
<br /> - Agency, the nature and scope of the employ- tractor who is compensated directly or in-
<br /> ee's duties and responsibilities, the divi- directly from ACTION funds will be ineli-
<br /> sion or office to which the employee is gible to be compensated under any personal
<br /> assigned, and whether the employee's duties or nonpersonal services contact with this
<br /> :..,_
<br /> are in any way related to the grant or con- Agency which will result in the employee
<br /> '1 tract. being paid twice for the same time or
<br /> (2) The nature, length, and type of the em- product.
<br /> ployee's relationship with the organization,
<br /> whether the employee's position involves § 1201.735.307 Gifts, entertainment,
<br /> ' policymaking or supervision of other em- and favors.
<br /> ployees and the relationship of the position
<br /> with the organization to the work to be per- (a) From donors dealing with ACTION. (1)
<br /> formed under the proposed grant or contract. No regular or special employees may solicit
<br /> 1 --, (3) Whether such a relationship would re- or accept, directly or indirectly, for them-
<br /> suit in the appearance of or the potential selves, for any member of their family, or
<br /> for a conflict of interest. for any person with whom they have business
<br /> (g) Any suspension involving proposed con- or financial ties, any gift, gratuity, favor,
<br /> . tracts under this rule shall be in accor- entertainment, or loan or any other thing of
<br /> dance with procedure set for in 31 CFR 1-- '-' value, from any individual or organization
<br /> , 1.600 at seq. which:
<br /> ' .
<br /> (i) Has, or is seeking to obtain, contractual
<br /> , § 1201,735-304 Employment after leaving or other business or financial relations with
<br /> ACTION. ACTION:
<br /> • (ii) Has interests that may be substantially
<br /> (a) Employees may negotiate for prospec- affected by the performance or nonperformance
<br /> tive employment with non-Government organ- of the employee's official responsibility;
<br /> izations only when they have no duties as (iii) Is in any way attempting to affect
<br /> ACTION employees which could affect that the employee's exercise of his or her offi-
<br /> organization's interest, or after they cial responsibility; or
<br /> have disqualified themselves, or the (iv) Conducts operations or activities
<br /> written permission of their supervisor, that are regulated by ACTION.
<br /> from such duties. (2) Subparagraph (1) of this paragraph does
<br /> (b) For 1 year after leaving ACTION, no not prohibit, even if the donor has dealings
<br /> regular or special employee may serve our- with ACTION:
<br /> suant to a personal services contract or (i) Acceptance of things of value from pa-
<br /> accept employment with an ACTION grantee rents, children, or spouse if those relation-
<br /> or contractor for a position in which he ships rather than the business of the donor
<br /> or she would be working in any activity is the motivating factor for the gift;
<br /> supported in whole or in part by ACTION (ii) Acceptance of food and refreshments of
<br /> funds received under an ACTION program nominal value on infrequent occasions in the
<br /> • which was within the boundaries of the ordinary course of breakfast, luncheon, or
<br /> employee's official responsibility or in dinner meeting or other meetings;
<br /> which he or she participated personally (iii) Solicitation and acceptance of loans
<br /> while employed at ACTION. from banks or other financial institutions
<br /> (c) If, within 1 year after leaving ACTION, to finance proper and usual activities of
<br /> an individual accepts employment in viola- employees, such as home mortgage loans, soli-
<br /> tion of this rule, ACTION will disallow cited and accepted on customary terms;
<br /> the costs allocated under the grant or con- (iv) Acceptance on behif of minor dependents
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