al director or delegee, shall review all statements for potential conflicts of interest before forwarding them to the Office of the General Counsel where the statements will be maintained.

(b) Bureau directors, regional directors, and the heads of staff offices who report to the Deputy Director shall submit their statements of employment and financial interests, and their supplementary statements, directly to the Deputy Director for review.

(c) All other employees covered under § 1001.735-401 shall submit their statements of employment and financial interests, and their supplementary statements, directly to the Director, Office of Management, for review.

(d) When a statement submitted under paragraph (b) or (c) of this section indicates a conflict between the interests of an employee and the performance of his services for the Government, and when the conflict or appearance of conflict cannot be resolved by the reviewing official, he shall report the information concerning the conflict or appearance of conflict to the Director through the ethics counsel for OPM. The employee concerned shall be given an opportunity to explain the conflict or appearance of conflict before remedial action is initiated.

[36 FR 6874, Apr. 9, 1971, as amended at 40 FR 48339, Oct. 15, 1975; 41 FR 28783, July 13, 1976; 45 FR 83473, Dec. 19, 1980]

§ 1001.735-410 Confidentiality of statements.

Each statement of employment and financial interests, and each supplementary statement, shall be held in confidence and retained in limited access files of the reviewing official. The use of information on the statements shall be limited to that necessary to carry out the purposes of this part. Information from a statement or a supplementary statement shall not be disclosed except by decision of the Director of OPM.

§ 1001.735-411 Effect of statements on other requirements.

The statements of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for or in derogation of any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which he or the other person's participation is prohibited by law, order, or regulation.

§ 1001.735-412 Submission of statements by special Government employees. (a) Each special Government employee shall submit a statement of employment and financial interests not later than the time of his employment. Each special Government employee shall keep his statement current throughout his period of employment by the submission of supplementary statements.

(b) A special Government employee shall submit his statement of employment and financial interests in the format prescribed by the Personnel Division. The statement is filed with the Director, Office of Management, and is accorded the confidentiality prescribed in § 1001.735-410.

(c) The provisions of §§ 1001.735-406 through 1001.735-411 apply to special Government employees in the same manner as to employees.

(d) The Director of OPM may waive the requirement in paragraph (a) of this section for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or an expert when he finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purposes of this paragraph, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual.

§ 1200.2 The Chair, Vice Chair.

One of the Members of the Board shall be appointed by the President, with the advice and consent of the Senate, to serve as the Chair and chief executive and administrative officer of the Board. From time to time, the President shall also designate one of the Members of the Board to serve as Vice Chair. In the absence or disability of the Chair, or when the Office of the Chair is vacant, the Vice Chair shall perform the functions vested in the Chair. During the absence or disability of both the Chair and Vice Chair, or when their offices are vacant, the remaining Board Member shall perform the functions vested in the Chair.

(5 U.S.C. 1101 et seq.)

[44 FR 38349, June 29, 1979]

Subpart B-Offices of the Board— [Reserved]

Sec.

PART 1201-PRACTICES AND PROCEDURES

Subpart A-Jurisdiction and Definitions

1201.1 General.

1201.2 Original jurisdiction: Definition and application.

1201.3 Appellate jurisdiction: Definition and application.

1201.4 General definitions.

Subpart B-Hearing Procedures for Appellate
Cases
GENERAL

1201.11 Scope and policy.

1201.12 Revocation, amendment or waiver of rules.

PETITIONS FOR REVIEW OF AGENCY ACTION, PLEADINGS

1201.21 Notice of appeal rights.

1201.22 Filing of petitions for appeal and

Subpart D-Procedures for Cases Involving Allegations of Discrimination

1201.151 Scope and policy.

1201.152 Compliance with procedures under Subpart B.

1201.153 Contents of petition.

1201.154 Time for filing petition.

1201.155 Allegations of discrimination not raised in petition.

1201.156 Time for processing appeals in

volving allegations of discrimination. 1201.157 Presiding official.

1201.158 Final decision, notice of judicial review.

REVIEW OF BOARD DECISION 1201.161 Action by the Commission, finality and judicial review.

1201.162 Board action on the Commission decision.

1201.165 Mixed cases governed by Reorganization Plan No. 1 of 1978.

SPECIAL PANEL

1201.171 Referral of case to Special Panel. 1201.172 Action by Special Panel. 1201.173

Judicial review of cases decided under 5 U.S.C. 7702.

Subpart E-Enforcement of Final Order

1201.181 Petition for enforcement. 1201.182 Compliance.

1201.183 Referral to the Board.

1201.184 Enforcement action by Board.

Subpart F-Saving Provisions

1201.191 Saving provisions.

APPENDIX I-MERIT SYSTEMS PROTECTION BOARD APPEALS FORM