5 CFR 2635.604 - Disqualification while seeking employment.
(a) Obligation to disqualify. Unless the employee's participation is authorized in accordance with § 2635.605, the employee shall not participate personally and substantially in a particular matter that, to his knowledge, has a direct and predictable effect on the financial interests of a prospective employer with whom he is seeking employment within the meaning of § 2635.603(b). Disqualification is accomplished by not participating in the particular matter.
(b) Notification. An employee who becomes aware of the need to disqualify himself from participation in a particular matter to which he has been assigned should notify the person responsible for his assignment. An employee who is responsible for his own assignment should take whatever steps are necessary to ensure that he does not participate in the matter from which he is disqualified. Appropriate oral or written notification of the employee's disqualification may be made to coworkers by the employee or a supervisor to ensure that the employee is not involved in a matter from which he is disqualified.
(c) Documentation. An employee need not file a written disqualification statement unless he is required by part 2634 of this chapter to file written evidence of compliance with an ethics agreement with the Office of Government Ethics or is specifically asked by an agency ethics official or the person responsible for his assignment to file a written disqualification statement. However, an employee may elect to create a record of his actions by providing written notice to a supervisor or other appropriate official.
(d) Agency determination of substantial conflict. Where the agency determines that the employee's action in seeking employment with a particular person will require his disqualification from matters so central or critical to the performance of his official duties that the employee's ability to perform the duties of his position would be materially impaired, the agency may allow the employee to take annual leave or leave without pay while seeking employment, or may take other appropriate administrative action.
Title 5 published on 2015-01-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 2635 after this date.
- 5 CFR 5601.103 — Notice of Disqualification When Seeking Employment.
- 5 CFR 3401.103 — Procedures for Accomplishing Disqualification.
- 5 CFR 3301.102 — Procedure for Accomplishing Disqualification.
- 5 CFR 5901.103 — Procedure for Accomplishing Disqualification.
- 5 CFR 3601.105 — Standards for Accomplishing Disqualification.
- 39 CFR 3000.735-104 — Outside Employment.
- 48 CFR 3.104-8 — Criminal and Civil Penalties, and Further Administrative Remedies.
- 48 CFR 3.104-2 — General.