[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR8401.103]

[Page 856]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
     CHAPTER LXXIV--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 8401--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF 
           THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
Sec. 8401.103  Prior approval for outside employment.

    (a) Prior approval requirement. (1) Before engaging in any outside 
employment, whether or not for compensation, a Commission employee who 
is classified at GS-13 or above, as well a Commission attorney at any 
grade level, must obtain the written approval of the employee's 
immediate supervisor and the designated agency ethics official. This 
requirement does not apply to a special Government employee of the 
Commission.

    (2) Requests for approval shall be forwarded through the employee's 
immediate supervisor to the designated agency ethics official and shall 
include at a minimum the name of the person, group, or organization for 
whom the work is to be performed; the type of work to be performed; and 
the proposed hours of work and approximate dates of employment.

    (b) Standard for approval. Approval shall be granted only upon a 
determination that outside employment is not expected to involve conduct 
prohibited by statute or Federal regulation, including 5 CFR 2635 and 
this part.

    (c) Definitions. For purposes of this section:

    (1) Employment means any form of non-Federal employment or business 
relationship involving the provision of personal services by the 
employee. It includes but is not limited to personal services as an 
officer, director, employee, agent, attorney, consultant, contractor, 
general partner, trustee or teacher. It also includes writing when done 
under an arrangement with another person for production or publication 
of the written product. It does not, however, include participation in 
the activities of a nonprofit charitable, religious, professional, 
social, fraternal, educational, recreational, public service or civic 
organization, unless such activities involve the provision of 
professional services or advice or are for compensation other than 
reimbursement expenses.

    (2) Professional services means the provision of personal services 
by an employee, including the rendering of advice or consultation, which 
involves application of the skills of a profession as defined in 5 CFR 
2636.305(b)(1).

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