If an institution of higher education receives a grant for research or for educational services, it may pay a consultant's fee to one of its employees only in unusual circumstances and only if:

1. (a) The work performed by the consultant is in addition to his or her regular departmental load; and

2. (b)

   1. (1) The consultation is across departmental lines; or

   2. (2) The consultation involves a separate or remote operation.

      (Authority: 20 U.S.C. 1221e-3 and 3474)