A competent person of good moral character and of good repute who is a citizen of the United States, or who has declared his intention to become a citizen of the United States, may be designated as an agent. A person (other than a Member of Congress) claiming to act as an agent shall submit a written statement from the preference eligible (OPM Form 307) authorizing him to represent the preference eligible in his claim or appeal. A written statement is not required of a Member of Congress claiming to act as an agent to represent a preference eligible in his claim or appeal.

§ 990.103 Recognition of service organizations.

A service organization approved by OPM may be recognized in the presentation of claims or appeals under section 3502, 3503, or 7701 of title 5, United States Code, when the proper officers thereof make application for recognition, and as a part of the application agree and certify that neither the organization nor its representatives will charge claimants or appellants a fee or compensation for their services, except expenses actually incurred with the consent of the claimant. In requesting recognition, the following information shall be supplied:

(a) Statement outlining the purpose of the organization and need thereof, and manner in which the preference eligible will be benefited by the recognition.

(b) Names, titles, and addresses of officers.

(c) Number of posts or chapters, and States in which located.

(d) Names, titles, and addresses of full-time paid employees who are qualified to act as accredited representatives.

(e) Copy of constitution or charter and bylaws of the organization.

§ 990.104 Accredited representatives of service organizations.

(a) Each recognized service organization shall file with OPM, on the prescribed form (OPM Form 306), the name of any officer whom it desires to be recognized as its accredited representative and OPM office or offices to which recognition is to be extended in the presentation of claims or appeals. In proposing a candidate for recognition as a representative, the organization, through its appropriate officer, shall certify to the following:

(1) That the candidate is a citizen of the United States, of good character and reputation, is qualified by training or experience to assist in the presentation of claims, and is a member or employee of the organization.

(2) That he is not employed in any civil or military department or agency of the United States, and is not a retired member of the Regular Army, Navy, Air Force, Marine Corps, Coast Guard, or Public Health Service.

(3) Whether the candidate is a preference eligible and, if so, that he was honorably discharged from active service.

(b) A single application (OPM Form 306) shall be filed with the central office of OPM for recognition before (1) the central office only, (2) two or more regional offices, or (3) the central office and one or more regional offices. Application shall be filed with the regional office where the candidate is to serve when recognition before only one regional office is requested. Application Form 306 shall be retained by the approving office of OPM.

(c) The central office or regional director, as the case may be, is responsible for determining the qualifications of a candidate of a service organization for recognition. Normally, the candidate of a service organization will be approved. However, if there is doubt as to the qualifications or suitability of a candidate, appropriate investigation may be made to resolve the doubts. If it is determined that the candidate is qualified, duplicate copies of a letter of notice to that effect shall be issued to the veterans organization concerned, with an Identification Card (OPM Form 308) in the candidate's name signed by the appropriate official in the central office or the regional director. One copy of the letter of approval shall be retained by the organization and the other forwarded to the candidate with the Identification Card 308 countersigned by the appropriate officer of the organization. When approval is made by the central office, a copy of the letter of approval shall be sent to each regional office before which recognition of the candidate is approved. When approval is made by a regional office, a copy of the letter of approval shall be sent to the central office of OPM. Each regional office shall maintain a record of all accredited representatives approved for recognition before that regional office. The central office shall maintain a record of all accredited representatives approved by all regional directors and the central office. If the regional director's determination is adverse, or the case is one of doubtful aspect, the entire matter may be referred to OPM's central office, at the regional director's option,

where it will be handled in the same manner as a request for recognition ordinarily handled by the central office.

(d) Recognition may be canceled at the request of the organization. The central office or regional director may cancel or suspend a recognition for cause. When a regional director cancels or suspends a recognition, a report of the facts shall be made to the central office. Notice of cancellation or suspension shall be supplied in the same manner as a notice of recognition.

(e) Nominations for accredited representatives of national service organizations are acceptable only if approved by the certifying officer, national headquarters, of the organization.

(f) Letters of recognition issued by the central office to national and field officers of recognized organizations constitute authorization for their recognition in claims or appeals in any regional office within their respective assignments. Letters of recognition issued by a regional director constitute authorization for the accredited representatives to present claims or appeals in any regional office within their respective assignments.

(g) When a representative has been recognized, a card shall be prepared in the office which approves the recognition, showing his name, address, organization, and date of recognition. Copies of this card shall be filed in the central office of OPM, and in the regional office by which he is recognized or in which he is authorized to act.

§ 990.105 Designation of service organizations as representatives.

(a) Before a service organization may be recognized in an individual claim or appeal, there shall be filed a designation duly executed by the claimant or appellant, specifically conferring on the organization the authority to represent him in the presentation of his claim or appeal, and to receive information in connection therewith. This designation shall be on the form prescribed by OPM (OPM Form 307) and shall be presented to the office concerned, to be filed in connection with the claim or appeal. The designation shall be signed by the claimant or appellant.

(b) On receipt and approval of the designation, the service organization named therein shall be recognized as the sole agency for the presentation of the claim or appeal covered thereby, and no other organization shall be recognized in the presentation of that claim or appeal. The designation made by the claimant may be revoked by him at any time and a subsequent designation made, naming another organization. A subsequently executed designation constitutes a revocation of any existing designation. A designation may also be revoked by the organization named therein.

§ 990.106 General provisions.

(a) Nothing in this subpart permits the unauthorized practice of law in any place or the giving of any service except the authorized participation in agency proceedings by agents or accredited representatives who have been approved by OPM.

(b) This subpart does not apply to adjudications of charges of political activity on the part of officers or employees in the competitive service, or of officers or employees of a State or local government, nor to adjudications of the existence of good cause for the removal of hearing examiners appointed under section 3105 of title 5 United States Code.

PART 1001-EMPLOYEE RESPONSIBILITIES AND CONDUCT

1001.101 Cross-reference to financial disclosure requirements and other conduct rules.

1001.102 Privacy Act rules of conduct.

AUTHORITY: 5 U.S.C. 552a, 7301.

§ 1001.101 Cross-reference to financial disclosure requirements and other conduct rules.

In addition to the regulations contained in this part, employees of the Office of Personnel Management (OPM) should refer to:

(a) The Standards for Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635;

(b) The OPM regulations at 5 CFR part 4501, which supplement the executive branch-wide standards;

(c) The Employee Responsibilities and Conduct regulations at 5 CFR part 735;

(d) The executive branch financial disclosure regulations at 5 CFR part 2634;

(e) The executive branch outside employment regulations at 5 CFR part 2636; and

(f) The restrictions upon use of political referrals in employment matters at 5 U.S.C. 3303.

[61 FR 36996, July 16, 1996]

§ 1001.102 Privacy Act rules of conduct.

(a) An employee should avoid any action which results in the appearance of using public office to collect or gain access to personal data about individuals beyond that required by or authorized for the performance of assigned duties.

(b) An employee should not use any personal data about individuals for any purpose other than required and authorized in the performance of assigned duties; or disclose any such information to other agencies or persons not expressly authorized to receive or have access to such information, and should make any such authorized disclosures

in acordance with established regulations and procedures.

(c) Each employee, and especially an employee who has access to or is engaged in any way in the handling of information subject to the Privacy Act of 1974, shall acquaint himself or herself with the regulations of this subsection as well as the pertinent provisions of the Privacy Act relating to the treatment of such information. Particular attention is directed to the following provisions of the Privacy Act:

(1) 5 U.S.C. 552a(e)(7)—The prohibition against maintaining any information regarding how any individual exercises First Amendment rights (including political or religious beliefs, and the freedom of speech, press, and assembly) unless expressly authorized by statute or the individual.

(2) 5 U.S.C. 552a(b)—The prohibition against disclosure of certain personal data without the prior written consent of the individual, except under certain limited conditions.

(3) 5 U.S.C. 552a(e)(1)—The prohibition against collecting or maintaining any personal data about individuals, except as necessary and relevant to perform a function of the Office which is authorized by statute or Executive order.

(4) 5 U.S.C. 552a(e)(2)—The requirement to collect information which may result in an adverse determination about an individual from that individual whenever practicable.

(5) 5 U.S.C. 552a(e)(3)—The requirement to inform individuals from whom information about themselves is solicited of the authority under which the solicitation is made and whether the disclosure of the information is mandatory, the purposes for which the information will be used, the routine uses which may be made of the information, and the consequences of failure to provide such information.

(6) 5 U.S.C. 552a(b) and (e)(10)-The obligation of employees to comply with established safeguards and procedures to protect personal data from anticipated threats or hazards to the security or integrity of the data which

could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual about whom information is maintained.

(7) 5 U.S.C. 552a(c) (1), (2), and (3)— The obligation of employees to maintain an accounting of all disclosures of personal information from systems of records, except for those disclosures made within the Office to persons having an official need to know or to the public under the Freedom of Information Act (5 U.S.C. 552).

(8) 5 U.S.C. 552a(e) (5) and (6)—The obligation of employees to assure that any personal information about individuals is as accurate, relevant, timely and complete as is reasonably necessary to assure fairness to the individual at such time as any such information is utilized by the Office in making a determination about the individual or when the information is disclosed.

(9) 5 U.S.C. 552a(d) (1), (2), and (3)— The obligation of employees to permit

individuals to have access to records pertaining to themselves in accordance with established Office procedures and to have an opportunity to request that such records be amended.

(10) 5 U.S.C. 552a(c)(4) and (d)(4)—The obligation to inform prior recipients of personal data when a record is amended pursuant to the request of an individual or a statement of disagreement has been filed, and to advise any subsequent recipients of the disputed information.

(11) 5 U.S.C. 552a(n)—The prohibition against renting or selling lists of names and addresses unless specifically authorized by law.

(12) 5 U.S.C. 552a(i) (1), (2), and (3)— The criminal penalties to which an employee may be subject for failing to comply with certain provisions of the Privacy Act of 1974.

[53 FR 13097, Apr. 21, 1988. Redesignated at 61 FR 36996, July 16, 1996]