PART 0-EMPLOYEE RESPONSIBILITIES AND CONDUCT

Subpart A-General Provisions

Sec. 0.735–1 Purpose. 0.735-2 Definitions. 0.735-3 Counseling and advisory service. 0.735 4 Agency supplementation. 0.7355 Remedial action. 0.735–6 Responsibilities of supervisors.

0.735-53 Initiation of administrative action. 0.735–54 Hearing officer. 0.735-55 Department representative. 0.735–56 Time, date and place of hearing. 0.735–57 Representation. 0.735-58 Rights of parties at hearing. 0.735-59 Oaths and rules of evidence. 0.73560 Transcript. 0.735 61 Briefs and discovery. 0.735-62 Open hearing. 0.735-63 Ex-parte communications. 0.73564 Administrative record. 0.735 65 Burden of proof. 0.735 66 Initial decision. 0.735 67 Appeal. 0.735 68 Final decision. 0.735 69 Sanctions. 0.735–70 Finality.

AUTHORITY: E.O. 11222, 30 FR 6469, 3 CFR, 1965 Comp., page 306; 5 CFR 735.104; 18 U.S.C. 207(3), unless otherwise noted.

SOURCE: 43 FR 43431, Sept. 26, 1978, unless otherwise noted.

Subpart B-Conduct and Responsibilities of

Employees

0.735-11 Prohibited conduct_general. 0.735–12 Gifts, gratuities, entertainment,

and favors. 0.735–13 Outside employment and activities. 0.735-14 Conflict of interest. 0.735–15 Attendance and leave. 0.735–16 Use of Government property, facili

ties, and services. 0.735-17 Use of vehicles. 0.735-18 Indebtedness. 0.735-19 Political activity. 0.735–20 Use, protection, and release of in

formation. 0.735-21 Activities with regard to farm orga

nizations. 0.735–22 Prohibitions upon employees serv

ing abroad. 0.735-23 Miscellaneous provisions. 0.735-24 Miscellaneous statutory provisions.

Subpart A-General Provisions

Subpart C-Statements of Employment

and Financial Interests

0.735-31 Employees required to submit

statements under the Executive order. 0.735 32 Exceptions. 0.735-33 Identification of employees re

quired to submit statements. 0.735 34 Time and place for submission of

employees' statements. 0.735-35 Supplementary statements. 0.735–36 Types of interests to be reported. 0.735-37 Information prohibited. 0.735-38 Interests of employee's relatives. 0.73539 Information not known by em

ployee. 0.735 40 Effect of employee's statement. 0.735-41 Specific provisions for special Gov

ernment employees. 0.735 42 Review of statements and deter

mination of conflicting interests. 0.735-43 Protection of employees' state

ments. 0.735-44 Financial disclosure under the Eth

ics in Government Act.

80.735-1 Purpose.

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The confidence of citizens in their Government is influenced not only by the manner in which employees serve the public but in the way they conduct themselves in the eyes of the public. The avoidance of misconduct and conflicts-of-interests on the part of Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, this part sets forth the regulations for employees of the U.S. Department of Agriculture, prescribing standards of conduct and responsibilities and governing the reporting of employment and financial interests.

Subpart D-Administrative Enforcement of

Restriction on Post-Employment Activities 0.735-51 Purpose. 0.735-52 Notice of violation.

$ 0.735–2 Definitions.

In this part:

(a) Agency means an independent subagency or departmental staff office of the U.S. Department of Agriculture.

(b) Agency Head means the Administrator or Chief Executive Officer of an

independent subagency or mental staff office. (c) Conflict-of-interest means a situation in which a Federal employee's private interest, usually of an economic nature, conflicts with his or her Government duties and responsibilities. (d) Appearance of conflict-of-interest means a situation where it could reasonably be concluded that an employee's private interest is in conflict with his or her Government duties and responsibilities, even though there may not actually be such a conflict. (e) Employee means a regular officer or employee of the Department of Agriculture including excepted and WOC employees and includes a special Government employee unless otherwise provided. (f) Special Government employee means an officer or employee of the Department of Agriculture who is retained, designated, appointed, or employed to perform temporary duties either on a full-time or intermittent basis, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days. (g) Supervisor means an employee having authority, in the interest of an Agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or responsibility to direct them, or to adjust their grievance, or effectively recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (h) Outside employment or activity means any outside work, service, or activity performed by an employee other than in the performance of official duties. It includes but is not limited to such activities as writing, editing, publishing, teaching, lecturing, consulting services, self-employment, working for another employer, management or Operation of a private business, personally owned business, partnership, corporation, or any work performed with or without compensation. (i) Members of family means those blood and in-law relations who are residents of the employee's household. (j) The Erecutive order means Executive Order 11222 of May 8, 1965.

depart

$0.735–3 Counseling and advisory service. (a) The General Counsel shall designate an employee of the Office of the General Counsel to serve as the Department Counselor and designee to the Civil Service Commission on matters covered by the regulations in this part. Employees shall be notified semiannually of the name and title of the Department Counselor and also upon the designation of a new employee to that position. The Department Counselor shall have overall responsibility for coordination of the Department's Counseling and advisory service, and for assuring advice and interpretations on questions of conflict or apparent conflicts-of-interest and other matters covered by the regulations in this part are available to Deputy Counselors and Assistant Deputy Counselors hereinafter designated. (b) The Director of Personnel and the Chief, Security and Employee Relations Division, Office of Personnel, shall be Department Deputy Counselors. (c) Agency Heads will be Agency Deputy Counselors. If necessary, in order to assure that counseling and advisory service is available to all Washington and field employees, the Agency Head may designate as Agency Assistant Deputy Counselors such employees as are qualified and in a position to give authoritative advice and guidance on most matters covered by this part. (d) All employees are to be notified of the availability of counseling and by whom this service is provided. Initial notification must be made within 90 days after issuance of this part, and perodically thereafter. A new employee or new special Government employee

must be notified at or before the time

of his or her entrance on duty. (e) Each new employee shall be furnished at the time of hiring a copy of this part. Current employees shall be furnished a copy of these regulations within 90 days following issuance. Subsequent changes to these regulations will be furnished employees upon issuance. Each employee shall be reminded of the regulations in this part semiannually. (f) The regulations in this part will be discussed with each employee annu

ally in conjunction with the employee's performance evaluation. Each employee will certify on the performance evaluation form or other Agency form that he or she has a copy of this part and has discussed it with his or her supervisor.

(g) In addition to the counseling service set forth in paragraphs (a) through (f) of this section, 5 CFR 738 prescribes the naming of a Designated Agency Ethics Official (DAEO) to administer Title II of the Ethics in Government Act of 1978, to coordinate and manage the agency's ethics program, and to provide liaison with the Office of Government Ethics with regard to all aspects of the Ethics program. The Director of Personnel has been designated by the Secretary of Agriculture to serve as DAEO for USDA. The responsibilities and duties of the DAEO can be found in 5 CFR 738.203.

(4) Disciplinary action which may be in addition to any penalty prescribed by law.

(b) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations. 80.735-6 Responsibilities of

supervisors. (a) Supervisors, because of their dayto-day relationships with employees, are responsible to a large degree for maintaining high standards of ethics and conduct. They must become familiar with the regulations in this part and apply the standards to themselves and employees they supervise.

(b) Supervisors shall advise an employee who comes to them with questions on matters covered by these regulations, or when they consider it appropriate, refer the employee or the questions to a counselor designated in $0.735-3.

(5 U.S.C. 301; Title I of Pub. L. 95-521, 92 Stat. 1836, as amended, 5 U.S.C. app.; 5 CFR 738) [43 FR 43431, Sept. 26, 1978, as amended at 47 FR 10509, Mar. 11, 1982)

80.795-4 Agency supplementation.

Agencies of the Department may issue such additional regulations as are necessary, consistent, and of necessity more restrictive than the regulations in this part, subject to the prior approval of the Director of Personnel. Agencies are expected to issue such supplemental regulations, with respect to employees assigned to particular programs, as are necessary to prevent such employees from being in a potential conflict-of-interest situation or a situation giving the appearance of a conflict-of-interest. Such Agency regulations shall be furnished to employees in the same manner as the regulations in this part.

Subpart B-Conduct and Responsibilities of Employees 80.735-11 Prohibited

conduct-general. (a) An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in or create the appearance of:

(1) Using public office for private gain;

(2) Giving preferential treatment to any person;

(3) Impeding Government efficiency or economy;

(4) Losing complete independence or impartiality;

(5) Making a Government decision outside of official channels; or

(6) Affecting adversely the confidence of the public in the integrity of the Government.

(b) Employees are specifically prohibited from:

(1) Engaging in criminal, infamous, dishonest or notoriously disgraceful conduct, or other conduct prejudicial to the Government;

(2) Betting or participating in any gambling activity, including the operation of a gambling device, conducting a lottery or pool, or selling or buying a number slip or ticket, while on Govern

80.735–5 Remedial action.

(a) A violation of this part by an employee may be cause for remedial action. Remedial action may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee of a conflicting interest;

(3) Disqualification for a particular assignment; or