[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2550.90]

[Page 747]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XXV--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 2550_REQUIREMENTS AND GENERAL PROVISIONS FOR STATE COMMISSIONS AND 
 
Sec.  2550.90  Are there any restrictions on the activities of the members of 

State Commissions or Alternative Administrative Entities?

    To avoid a conflict of interest (or the appearance of a conflict of 
interest) regarding the provision of assistance or approved national 
service positions, members of a State Commission or AAE must adhere to 
the following provisions:
    (a) General restriction. Members of State Commissions and AAEs are 
restricted in several ways from the grant approval and administration 
process for any grant application submitted by an organization for which 
they are currently, or were within one year of the submission of the 
application, officers, directors, trustees, full-time volunteers or 
employees. The restrictions for such individuals are as follows:
    (1) They cannot assist the applying organization in preparing the 
grant application;
    (2) They must recuse themselves from the discussions or decisions 
regarding the grant application and any other grant applications 
submitted to the Commission or AAE under the same program (e.g., 
subtitle B programs or subtitle C programs); and
    (3) They cannot participate in the oversight, evaluation, 
continuation, suspension or termination of the grant award.
    (b) Exception to achieve a quorum. If this general restriction 
creates a situation in which a Commission or AAE does not have enough 
eligible voting members to achieve a quorum, the Commission or AAE may 
involve some normally-excluded members subject to the following 
conditions:
    (1) A Commission or AAE may randomly and in a non-discretionary 
manner select the number of refused members necessary to achieve a 
quorum;
    (2) Notwithstanding paragraph (b)(1) of this section, no Commission 
or AAE member may, under any circumstances, participate in any 
discussions or decisions regarding a grant application submitted by an 
organization with which he or she is or was affiliated according to the 
definitions in paragraph (a) of this section; and
    (3) If recused members are included so as to achieve quorum, the 
State Commission or AAE must document the event and report to the 
Corporation within 30 days of the vote.
    (c) Rule of construction. Paragraph (a) of this section shall not be 
construed to limit the authority of any voting member of the State 
Commission or AAE to participate in--
    (1) Discussion of, and hearings and forums on, the general duties, 
policies and operations of the Commission or AAE, or general program 
administration; or
    (2) Similar general matters relating to the Commission or AAE.