---
kind: "section"
citation: "5 C.F.R. § 3301.102"
title: "5"
number: "3301.102"
heading: "Procedure for accomplishing disqualification."
url: "https://uscodex.org/cfr/5/3301.102"
---

# §3301.102. Procedure for accomplishing disqualification.

- (a) **Disqualifying financial interests.** A DOE employee who is required, in accordance with [5 CFR 2635.402(c)](/cfr/5/2635.402.md?p=c), to disqualify himself from participation in a particular matter to which he has been assigned shall, notwithstanding the guidance in 5 CFR [2635.402(c)(1)](/cfr/5/2635.402.md?p=c-1) and [(2)](/cfr/5/2635.402.md?p=c-2), provide written notice of disqualification to his supervisor and counselor upon determining that he will not participate in the matter.
- (b) **Disqualification to ensure impartiality.** A DOE employee who is required, in accordance with [5 CFR 2635.502(e)](/cfr/5/2635.502.md?p=e), to disqualify himself from participation in a particular matter involving specific parties to which he has been assigned shall, notwithstanding the guidance in 5 CFR [2635.502(e)(1)](/cfr/5/2635.502.md?p=e-1) and [(2)](/cfr/5/2635.502.md?p=e-2), provide written notice of disqualification to his supervisor and counselor upon determining that he will not participate in the matter.
- (c) **Disqualification from matter effecting prospective employers.** A DOE employee who is required, in accordance with [5 CFR 2635.604(a)](/cfr/5/2635.604.md?p=a), to disqualify himself from participation in a particular matter to which he has been assigned shall, notwithstanding the guidance in 5 CFR [2635.604(b)](/cfr/5/2635.604.md?p=b) and [(c)](/cfr/5/2635.604.md?p=c), provide written notice of disqualification to his supervisor and counselor upon determining that he will not participate in the matter.
- (d) **Withdrawal of notification.** A DOE employee may withdraw written notice under paragraphs [(a)](#a), [(b)](#b), or [(c)](#c) of this section upon deciding that disqualification from participation in the matter is no longer required. A withdrawal of notification shall be in writing and provided to the employee's supervisor and counselor.

## Notes

### Authority

Authority: 5 U.S.C. 301, 7301; 5 U.S.C. App. (Ethics in Government Act); 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; 5 CFR 2635.105, 2635.402(c), 2635.502(e), 2635.604, 2635.802, 2635.803.

### Source

Source: 61 FR 35087, July 5, 1996, unless otherwise noted.