1. (a) A person subject to this chapter shall immediately notify the Executive Director of a conflict of interest. A grant applicant seeking an investigation regarding whether an individual subject to this chapter failed to report a prohibited conflict of interest shall file a written request with the Institute's Executive Director. The request for investigation shall provide all facts regarding the alleged conflict of interest known to the grant applicant requesting the investigation. The Executive Director will notify the presiding officer of the Oversight Committee and the General Counsel who shall immediately determine the nature and extent of the conflict, if any.
2. (b) The request for investigation shall be submitted no later than 30 days after the date that the Executive Director presents the final funding recommendations for the affected grant cycle to the Oversight Committee.
3. (c) The General Counsel shall investigate the matter and shall provide to the Executive Director and presiding officer of the Oversight Committee an opinion regarding whether a conflict of interest exists and any appropriate course of action. The opinion shall include a statement of the facts giving rise to the potential conflict and shall provide an opinion whether a conflict of interest, impropriety, or self-dealing exists and any appropriate course of action. If the conflict is held by the presiding officer, the General Counsel shall provide the opinion to the next ranking member of the Oversight Committee who has no conflict.
4. (d) After consulting with the presiding officer (or, if appropriate, the next highest ranking Oversight Committee member), the Executive Director shall take immediate actions regarding the recusal of the individual from any discussion of or access to information regarding the matter at issue. If the alleged conflict of interest is held by the Executive Director, the presiding officer of Oversight Committee shall take actions regarding recusal.
5. (e) A final determination regarding the existence of a conflict of interest, involving an individual subject to this chapter shall be made by the Executive Director, or by the presiding officer of the Oversight Committee if the alleged conflict of interest is held by the Executive Director, and reported to the Oversight Committee. The Executive Director's determination will include actions to be taken, if any, to address the conflict of interest, including reconsideration of the application and referral of the application to a different Scientific Research and Prevention Program committee for review. The Executive Director's decision will be considered final unless three or more Oversight Committee members request that the issue be added to the agenda of the Oversight Committee.
6. (f) Written notice of the final decision will be provided to the person requesting an investigation, including further actions to be taken, if any.
7. (g) Unless specifically determined by the Executive Director or the Oversight Committee, the validity of an action taken with regard to a grant application is not affected by the fact that an individual that failed to report a conflict of interest participated in the action.

Source Note:The provisions of this §702.15 adopted to be effective February 11, 2010, 35 TexReg 872.