2012-079 - Laserfiche WebLink

Home Browse Search

§ 582. 400 24 CFR Ch . V (4ml - 09 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or has exercised any functions or ( iii ) Whether the affected person has responsibilities with respect to assisted withdrawn from his or her functions or activities, or who is in a position to participate in responsibilities, or the decisionmaking process a decisionmaking process or gain inside with respect to the specific assisted activity in information with regard to such activities, may question ; obtain a personal or financial interest or benefit ( iv) Whether the interest or benefit was from the activity, or have an interest in any present before the affected person was in a contract, subcontract, or agreement with position as described in paragraph ( b) ( 1 ) of this respect thereto, or the proceeds thereunder, section ; either for himself or herself or for those with (v) Whether undue hardship will result whom he or she has family or business ties, either to the recipient or the person affected during his or her tenure or for one year when weighed against the public interest served thereafter. Participation by homeless individuals by avoiding the prohibited conflict; and who also are participants under the program in ( vi ) Any other relevant considerations . policy or decisionmaking under § 582 . 300 of this 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 Subpart E-Administration a case- by-case basis when it determine that the § 582. 400 Grant agreement. exception will serve to further the purposes of the program and the effective and efficient (a ) General . The grant agreement will be administration of the recipient's project. An between HUD and the recipient. HUD will hold exception may be considered only after the the recipient responsible for the overall recipient has provided the following : administration of the program, including ( i ) For States, units of general local overseeing any subrecipients or contractors . governments, PHAs and IHAs, a disclosure of Under the grant agreement, the recipient must the nature of the conflict, accompanied by an agree to operate the program in accordance assurance that there has been public disclosure with the provisions of this part and other of the conflict and a description of how the applicable HUD regulations , public disclosure was made; and ( b) Enforcement. HUD will enforce the ( ii ) For all recipients, an opinion of the obligations in the grant agreement through such recipient's attorney that the interest for which action as may be necessary, including the exception is sought would not violate State recapturing assistance awarded under the or local law . program . ( 3 ) In determining whether to grant a requested exception after the recipient has § 582. 405 Program changes. satisfactorily met the requirement of paragraph (a ) Changes. HUD must approve, in writing, any ( b) ( 2 ) of this section , HUD will consider the significant changes to an approved program . cumulative effect of the following factors, where Significant changes that require approval applicable : include, but are not limited to, a change in ( i ) Whether the exception would provide a sponsor , a change in the project site for SRO or significant cost benefit or an essential degree of PRA with rehabilitation projects, and a change expertise to the project which would otherwise in the type of persons with disabilities to be not be available; served . Depending on the nature of the change, ( ii ) Whether the person affected is a HUD may require a new certification of member of a group or class of eligible persons consistency with the CHAS ( see § 582 . 120 ) o and the exception will permit www, hud. gov espanol. hud. gov Page ! 7