# 36 CFR § 905.735-402: Advice and determination

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-402

## Section

- **Citation:** 36 CFR § 905.735-402
- **Heading:** Advice and determination
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 36—Parks, Forests, and Public Property > CHAPTER IX—PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION > PART 905—STANDARDS OF CONDUCT > Subpart D—Special Standards Applicable to Certain Board Members

## Text

The Corporation's Ethics Counselor is readily available for consultation when a Board Member seeks advice as to the appropriateness of his actions in light of this part, the Executive order, or title 18 U.S.C., chapter 11. A Board Member has an affirmative duty to advise the Ethics Counselor of any potential conflict of interest which may arise with the individual's participation in any particular matter before the Corporation. If advised to do so, the Board Member should submit to the Chairman for determination the question of whether or not the conflict will disqualify the Board Member from participating in the action to be taken by the Corporation. Under the authority delegated to the Chairman pursuant to 18 U.S.C. 208(b), the Chairman may find that the Board Member need not be disqualified from participating in the particular matter, if:
(a) The Board Member makes a full disclosure of the financial interest; and
(b) The Chairman furnishes him with a written determination in advance of the action that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from the Board Member. Requests for similar determinations for conflicts posed by the financial interests of the Chairman himself shall be submitted to the Chairman of the Civil Service Commission.

## Nearby sections

- [36 CFR § 905.735-101 § 905.735-101 Principles and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-101.md)
- [36 CFR § 905.735-102 § 905.735-102 Adoption of regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-102.md)
- [36 CFR § 905.735-103 § 905.735-103 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-103.md)
- [36 CFR § 905.735-104 § 905.735-104 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-104.md)
- [36 CFR § 905.735-105 § 905.735-105 Designation of counselor.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-105.md)
- [36 CFR § 905.735-106 § 905.735-106 Notification to employees and special Government employees.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-106.md)
- [36 CFR § 905.735-107 § 905.735-107 Review of statements of employment and financial interests.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-107.md)
- [36 CFR § 905.735-108 § 905.735-108 Remedial and disciplinary action.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-108.md)
- [36 CFR § 905.735-201 § 905.735-201 General standards of conduct.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-201.md)
- [36 CFR § 905.735-202 § 905.735-202 Gifts, entertainment, and favors.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-202.md)
- [36 CFR § 905.735-203 § 905.735-203 Outside employment and other activity.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-203.md)
- [36 CFR § 905.735-204 § 905.735-204 Disclosure of information.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-204.md)
- [36 CFR § 905.735-205 § 905.735-205 Purchase of Government-owned property.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-205.md)
- [36 CFR § 905.735-301 § 905.735-301 General standards of conduct.](https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-301.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-36-905.735-402. Check the current official text before relying on it. Not legal advice.