Sec. 19a.02.01.04. Application of Exceptions

A. The Commission may grant an exception under Regulation .03 of this chapter to an individual who does not meet the criteria of Regulation .03B, C, D, or F of this chapter for specific outside employment if:

(1) The head of the employee’s or official’s governmental unit advises the Commission that the head of the governmental unit does not believe that the secondary employment would present a conflict of interest or the appearance of a conflict of interest that would impair the credibility of the governmental unit; and

(2) The Commission concurs in the assessment of the head of the official’s or employee’s governmental unit provided under §A(1) of this regulation.

B. The Commission may grant an exception under Regulation .03 of this chapter to an individual who does not meet the criteria of Regulation .03H of this chapter if:

(1) The official’s or employee’s private compensation is funded by contracts involving broad reimbursement payments that are based on a generally applicable standard and that do not involve substantial agency negotiation or discretion;

(2) The head of the official’s or employee’s agency advises the Commission that the head of the agency does not believe that the secondary employment would present a conflict of interest or the appearance of a conflict of interest that would impair the credibility of the agency; and

(3) The Commission concurs in the assessment of the head of the official’s or employee’s agency provided under §B(2) of this regulation.

C. The Commission may grant an exception under Regulation .03 of this chapter to an employee who does not meet the criteria of Regulation .03F, G, or H of this chapter if:

(1) The employee has limited duties that are defined with sufficient precision regarding time, mode, and occasion that the employee may not exercise substantial discretion or judgment;

(2) The head of the employee’s governmental unit advises the Commission that the head of the governmental unit:

(a) Believes that the service or product to be supplied by the employee would be otherwise unavailable to the State; and

(b) Does not believe that the secondary employment would present a conflict of interest or the appearance of a conflict that would impair the credibility of the agency; and

(3) The Commission concurs in the assessment of the head of the employee’s governmental unit provided under §C(2) of this regulation.