1900.153—Identifying and reporting an employee relationship.
(a) Responsiblity of applicant.
When an application for assistance is filed, the processing official asks if there is any known relationship or association with an FmHA or its successor agency under Public Law 103-354 employee. The applicant is required to disclose the requested information under subpart A of part 1910 of this chapter and pertinent program regulations.
(b) Responsibility of FmHA or its successor agency under Public Law 103-354 employee.
An FmHA or its successor agency under Public Law 103-354 employee who knows he or she is related to or associated with an applicant or recipient, regardless of whether the relationship or association is known to others, is required to notify the FmHA or its successor agency under Public Law 103-354 official who is processing or servicing the assistance, in writing. FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-1 (available in any FmHA or its successor agency under Public Law 103-354 office) may be used as the notice. If the appropriate official is not known, the State Director should be notified. Regardless of whether the relationship or association is defined in § 1900.152 of this subpart, if the employee believes there may be a potential conflict of interest, the FmHA or its successor agency under Public Law 103-354 official who is processing or servicing the assistance may be notified and special handling requested. An employee's request that the case receive special handling is usually honored.
(c) Responsibility of FmHA or its successor agency under Public Law 103-354 official.
When any relationship or association is identified, the FmHA or its successor agency under Public Law 103- 354 official completes and submits FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-2 (available in any FmHA or its successor agency under Public Law 103-354 office) to the State Director (or Administrator, under paragraph (e) of this section or § 1900.155(a) of this subpart). When completed FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-3 (available in any FmHA or its successor agency under Public Law 103-354 office) is returned by the State Director, the processing official;
(3)
Notifies the recipient in writing of the change in responsibility and any other pertinent information,
(d) Relationship or association established after application for FmHA or its successor agency under Public Law 103-354 assistance.
If a relationship or association is established after an application has been filed or assistance has been provided, both recipient and employee are required to notify the FmHA or its successor agency under Public Law 103-354 official who is processing or servicing the assistance. FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-1 (available in any FmHA or its successor agency under Public Law 103-354 office) may be used for the notice.
(e) Relationship or association with a State Office, Finance Office or National Office employee.
If an identified relationship or association is with an employee at a State Office (other than a State Director), Finance Office or National Office, the processing/servicing official completes and submits FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-2 (available in any FmHA or its successor agency under Public Law 103-354 office) to the State Director in the normal manner. The State Director reviews the information, determines the need for special handling, designates the processing/servicing official, completes and submits FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-3 (available in any FmHA or its successor agency under Public Law 103-354 office) to the Administrator for written concurrence. When the Administrator's concurrence is received, the State Director returns completed FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-3 to the original official who completes the action described in paragraph (c) of this section.
(f) Relationship or association with a State Director.
If an identified relationship or association is with a State Director, the processing/servicing official completes and submits FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-2 (available in any FmHA or its successor agency under Public Law 103-354 office) to the Administrator. The Administrator reviews, determines the need for special handling, designates the processing/servicing official, completes and returns FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-3 (available in any FmHA or its successor agency under Public Law 103-354 office) to the original official who completes the action described in paragraph (c) of this section.
(g) Change in relationship or association, status of FmHA or its successor agency under Public Law 103-354 assistance, or employee's duty station.
If the relationship or association has changed, the application denied or the assistance otherwise terminated, or the FmHA or its successor agency under Public Law 103-354 employee's duty station changed, the designated processing/servicing official completes FmHA or its successor agency under Public Law 103-354 Guide Letter 1900-D-2 (available in any FmHA or its successor agency under Public Law 103-354 office) with the new information and submits it. The review process takes place as described in paragraphs (a) through (e) of this section to determine if processing/servicing activity may return to normal or requires another change. If the assistance is denied or otherwise terminated, the designated official notifies the original official.