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ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582 . 400 24 CFR Ch . V ( 4L1i09 Edition ) in 24 CFR part 85 , no person who is an such person to receive generally the same employee, agent, consultant, officer, or elected interests or benefits as are being made available or appointed official of the recipient and who or provided to the group or class ; exercises or has exercised any functions or ( iii ) Whether the affected person has withdrawn responsibilities with respect to assisted from his or her functions or responsibilities, or activities, or who is in a position to participate in the decisionmaking process with respect to the a decisionmaking process or gain inside specific assisted activity in question ; information with regard to such activities, may ( iv ) obtain a personal or financial interest or benefit Whether the interest or benefit was present from the activity, or have an interest in any before the affected person was in a position as contract, subcontract, or agreement with described in paragraph ( b ) ( 1 ) of this section ; respect thereto, or the proceeds thereunder, (v) either for himself or herself or for those with Whether undue hardship will re- sult either to whom he or she has family or business ties, the recipient or the person affected when during his or her tenure or for one year weighed against the public interest served by thereafter. Participation by homeless individuals avoiding the prohibited conflict; and who also are participants under the program in (vi ) policy or decisionmaking under § 582 . 300 of this Any other relevant considerations . part does not constitute a conflict of interest. [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 5210, Feb . 9, ( 2 ) Upon the written request of the 1996; 61 FR 51171 , Sept. 30, 1996; 62 FR 13539, Mar. 21 , 1997] recipient, HUD may grant an exception to the provisions of paragraph ( b) ( 1 ) of this section on a case- by- case basis when it determine that the Subpart EiAdministration exception will serve to further the purposes of § 582 . 400 Grant agreement. the program and the effective and efficient ( a ) General . The grant agreement will be administration of the recipientis project . An exception may be considered only after the between HUD and the recipient . HUD will hold recipient has provided the following : the recipient responsible for the overall ( i ) For States, units of general local administration of the program , including governments, PHAs and IHAs, a disclosure of overseeing any sub- recipients or contractors . the nature of the conflict, accompanied by an Under the grant agreement, the recipient must agree to operate the program in accordance assurance that there has been public disclosure of the conflict and a description of how the with the provisions of this part and other public disclosure was made; and applicable HUD regulations . ( ii ) For all recipients, an opinion of the ( b) Enforcement. HUD will enforce the obligations in the grant agreement through such recipientLs attorney that the interest for which he exception is sought would not violate State action as may be necessary, including trecapturing assistance awarded under the or local law , ( 3 ) In determining whether to grant a program . requested exception after the recipient has § 582 . 405 Program changes . satisfactorily met the requirement of paragraph ( b ) ( 2 ) of this section, HUD will consider the ( a ) Changes. HUD must approve, in writing , any cumulative effect of the following factors, where significant changes to an approved program . applicable : Significant changes that require approval ( i ) Whether the exception would pro-vide a include, but are not limited to, a change in significant cost benefit or an essential degree of sponsor , a change in the project site for SRO or expertise to the project which would otherwise PRA with rehabilitation projects, and a change not be available ; in the type of persons with disabilities to be ( ii ) Whether the person affected is a served . Depending on the nature of the change, member of a group or class of eligible persons HUD may require a new certification of and the exception will permit consistency with the CHAS ( see § 582 . 120 ) , www . hud . gov espanol . hud . gov Page 17