ATRIJE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J . K . BARTON , CLERK
<br /> § 582. 400 24 CFR Ch . V ( 4Z1Z09 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 exercises or has exercised any functions or ( iii ) Whether the affected person has withdrawn
<br /> responsibilities with respect to assisted from his or her functions or responsibilities, or
<br /> activities, or who is in a position to participate in the decisionmaking process with respect to the
<br /> a decisionmaking process or gain inside specific assisted activity in question ;
<br /> information with regard to such activities, may ( iv)
<br /> obtain a personal or financial interest or benefit Whether the interest or benefit was present
<br /> from the activity, or have an interest in any before the affected person was in a position as
<br /> contract, subcontract, or agreement with described in paragraph ( b ) ( 1 ) of this section ;
<br /> respect thereto, or the proceeds thereunder, ( v )
<br /> either for himself or herself or for those with Whether undue hardship will re-sult either to
<br /> whom he or she has family or business ties, the recipient or the person affected when
<br /> during his or her tenure or for one year weighed against the public interest served by
<br /> thereafter. Participation by homeless individuals avoiding the prohibited conflict; and
<br /> who also are participants under the program in (vi )
<br /> policy or decisionmaking under § 582 . 300 of this Any other relevant considerations ,
<br /> part does not constitute a conflict of interest.
<br /> 2 Upon the written request of the 19 FR 13892, Mar. 15, 1993, 19 amended at 61 , Mar.
<br /> 2 Feb . 9,
<br /> ( ) p q 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
<br /> a case- by-case basis when it determine that the Subpart HAdministration
<br /> exception will serve to further the purposes of § 582 . 400 Grant agreement,
<br /> the program and the effective and efficient
<br /> administration of the recipient4s project. An ( a ) General . The grant agreement will be
<br /> exception may be considered only after the between HUD and the recipient . HUD will hold
<br /> recipient has provided the following : the recipient responsible for the overall
<br /> ( i ) For States, units of general local administration of the program , including
<br /> governments, PHAs and IHAs, a disclosure of overseeing any sub- recipients or contractors ,
<br /> the nature of the conflict, accompanied by an Under the grant agreement, the recipient must
<br /> assurance that there has been public disclosure agree to operate the program in accordance
<br /> of the conflict and a description of how the with the provisions of this part and other
<br /> public disclosure was made; and applicable HUD regulations .
<br /> ( ii ) For all recipients, an opinion of the ( b) Enforcement. HUD will enforce the
<br /> recipient4s attorney that the interest for which obligations in the grant agreement through such
<br /> the exception is sought would not violate State action as may be necessary, including
<br /> or local law . recapturing assistance awarded under the
<br /> ( 3 ) In determining whether to grant a program ,
<br /> requested exception after the recipient has
<br /> satisfactorily met the requirement of paragraph § 582 . 405 Program changes .
<br /> ( b ) ( 2 ) of this section , HUD will consider the ( a ) Changes . HUD must approve , in writing , any
<br /> cumulative effect of the following factors, where significant changes to an approved program .
<br /> applicable : Significant changes that require approval
<br /> ( i ) Whether the exception would pro-vide a include, but are not limited to , a change in
<br /> significant cost benefit or an essential degree of sponsor , a change in the project site for SRO or
<br /> expertise to the project which would otherwise PRA with rehabilitation projects, and a change
<br /> not be available; in the type of persons with disabilities to be
<br /> ( ii ) Whether the person affected is a served . Depending on the nature of the change ,
<br /> member of a group or class of eligible persons HUD may require a new certification of
<br /> and the exception will permit consistency with the CHAS ( see § 582 . 120 ) ,
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