5 C.F.R. PART 735—EMPLOYEE RESPONSIBILITIES AND CONDUCT


Title 5 - Administrative Personnel


Title 5: Administrative Personnel

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PART 735—EMPLOYEE RESPONSIBILITIES AND CONDUCT

Section Contents

Subpart A—General Provisions

§ 735.101   Definitions.
§ 735.102   Disciplinary action.
§ 735.103   Other regulations pertaining to conduct.

Subpart B—Standards of Conduct

§ 735.201   Gambling.
§ 735.202   Safeguarding the examination process.
§ 735.203   Conduct prejudicial to the Government.


Link to an amendment published at 71 FR 46073, Aug. 11, 2006.

Authority:  5 U.S.C. 7301; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

Source:  57 FR 56434, Nov. 30, 1992, unless otherwise noted.

Editorial Note:  Part 1001, added to this chapter at 31 FR 873, January 22, 1966 and revised at 32 FR 11113, Aug. 1, 1967, 36 FR 6874, Apr. 9, 1971, and 61 FR 36996, July 16, 1996, supplements this part 735.

Subpart A—General Provisions
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§ 735.101   Definitions.
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In this part:

Agency means an Executive agency (other than the General Accounting Office) as defined by 5 U.S.C. 105, the Postal Service, and the Postal Rate Commission.

Employee means any officer or employee of an agency, including a special Government employee, but does not include a member of the uniformed services.

Special Government employee means a “special Government employee,” as defined in 18 U.S.C. 202, who is employed in the executive branch, but does not include a member of the uniformed services.

Uniformed services has the meaning given that term by 5 U.S.C. 2101(3).

§ 735.102   Disciplinary action.
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An employee's violation of any of the regulations in subpart B of this part may be cause for disciplinary action by the employee's agency, which may be in addition to any penalty prescribed by law.

§ 735.103   Other regulations pertaining to conduct.
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In addition to the standards of conduct in subpart B of this part, an employee shall comply with the standards of ethical conduct in 5 CFR part 2635, as well as any supplemental regulation issued by the employee's agency under 5 CFR 2635.105. An employee's violation of those regulations may be cause for the employee's agency to take disciplinary action, or corrective action as that term is used in 5 CFR part 2635. Such disciplinary action or corrective action may be in addition to any penalty prescribed by law.

Subpart B—Standards of Conduct
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§ 735.201   Gambling.
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(a) While on Government-owned or leased property or while on duty for the Government, an employee shall not conduct, or participate in, any gambling activity including the operation of a gambling device, conducting a lottery or pool, a game for money or property, or selling or purchasing a numbers slip or ticket.

(b) This section does not preclude activities:

(1) Necessitated by an employee's official duties; or

(2) Under section 7 of Executive Order 12353 and similar agency-approved activities.

§ 735.202   Safeguarding the examination process.
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(a) An employee shall not, either for or without compensation, engage in teaching, lecturing, or writing for the purpose of the preparation of a person or class of persons for an examination of the Office of Personnel Management or Board of Examiners for the Foreign Service that depends on information obtained as a result of the employee's Government employment.

(b) This section does not preclude the preparation described in paragraph (a) of this section if:

(1) The information upon which the preparation is based has been made available to the general public or will be made available on request; or

(2) Such preparation is authorized in writing by the Director of the Office of Personnel Management or his or her designee, or by the Director General of the Foreign Service of his or her designee, as applicable.

§ 735.203   Conduct prejudicial to the Government.
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An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

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