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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> § 582 . 400 24 CFR Ch . V (44 - 09 Edition ) <br /> in 24 CFR part 85 , no person who is an such person to receive generally the same <br /> employee , agent, consultant, officer, or elected interests or benefits as are being made available <br /> or appointed official of the recipient and who or provided to the group or class ; <br /> exercises or has exercised any functions or ( iii ) Whether the affected person has <br /> responsibilities with respect to assisted withdrawn from his or her functions or <br /> activities, or who is in a position to participate in responsibilities, or the decisionmaking process <br /> a decisionmaking process or gain inside with respect to the specific assisted activity in <br /> information with regard to such activities, may question ; <br /> obtain a personal or financial interest or benefit ( iv) Whether the interest or benefit was <br /> from the activity, or have an interest in any present before the affected person was in a <br /> contract, subcontract, or agreement with position as described in paragraph ( b) ( 1 ) of this <br /> respect thereto, or the proceeds thereunder, section ; <br /> either for himself or herself or for those with (v) Whether undue hardship will result <br /> whom he or she has family or business ties, either to the recipient or the person affected <br /> during his or her tenure or for one year when weighed against the public interest served <br /> thereafter. Participation by homeless individuals by avoiding the prohibited conflict; and <br /> who also are participants under the program in (vi ) Any other relevant considerations , <br /> policy or decisionmaking under § 582 . 300 of this <br /> part does not constitute a conflict of Interest. (58 FR 13892, Mar. 15, 1993, as amended at 61 FR 5210, Feb. 9, <br /> ( 2 ) Upon the written request of the 1996 ; 61 FR 51171 , Sept. 30, 1996; 62 FR 13539, Mar. 21, 1997] <br /> recipient, HUD may grant an exception to the <br /> provisions of paragraph ( b) ( 1 ) of this section on Subpart &Administration <br /> a case- by-case basis when it determine that the § 582 . 400 Grant agreement. <br /> exception will serve to further the purposes of <br /> the program and the effective and efficient (a ) General . The grant agreement will be <br /> administration of the recipient's project . An between HUD and the recipient. HUD will hold <br /> exception may be considered only after the the recipient responsible for the overall <br /> recipient has provided the following : administration of the program , including <br /> ( i ) For States , units of general local overseeing any subrecipients or contractors . <br /> governments, PHAs and IHAs , a disclosure of Under the grant agreement, the recipient must <br /> the nature of the conflict, accompanied by an agree to operate the program in accordance <br /> assurance that there has been public disclosure with the provisions of this part and other <br /> of the conflict and a description of how the applicable HUD regulations . <br /> public disclosure was made ; and ( b) Enforcement. HUD will enforce the <br /> ( ii ) For all recipients , an opinion of the obligations in the grant agreement through such <br /> recipient' s attorney that the interest for which action as may be necessary, including <br /> the exception is sought would not violate State recapturing assistance awarded under the <br /> or local law . program . <br /> (3 ) In determining whether to grant a <br /> requested exception after the recipient has § 582 . 405 Program changes . <br /> satisfactorily met the requirement of paragraph (a ) Changes . HUD must approve, in writing , any <br /> ( b ) ( 2 ) of this section, HUD will consider the significant changes to an approved program . <br /> cumulative effect of the following factors, where Significant changes that require approval <br /> applicable : include, but are not limited to , a change in <br /> ( i ) Whether the exception would provide a sponsor , a change in the project site for SRO or <br /> significant cost benefit or an essential degree of PRA with rehabilitation projects, and a change <br /> expertise to the project which would otherwise in the type of persons with disabilities to be <br /> not be available ; served . Depending on the nature of the change , <br /> ( ii ) Whether the person affected is a HUD may require a new certification of <br /> member of a group or class of eligible persons consistency with the CHAS (see § 582 . 120 ) , <br /> and the exception will permit <br /> www. hud .gov espanol . hud . gov Page 17 <br />