The consent of the Secretary or his duly authorized representative
may be obtained as follows:
The applicant shall file an application in the form of an affidavit.
Such application, directed to the Secretary should:
(a) State the former connection of the applicant with the
Department;
(b) Identify the matter in which the applicant desires to appear,
and
(c) Contain a statement to the effect that the applicant gave no
personal consideration to such matter while he was an employee of the
Department.
The application will be denied if the statements contained therein are
disproved by an examination of the files, records, and circumstances
pertaining to the matter, or if, in the opinion of the Secretary or his
duly authorized representative, the public interest so requires. If the
Secretary or his duly authorized representative is satisfied that the
applicant gave no personal consideration to the matter in question while
employed by the Department, and if he is satisfied that it is lawful and
consistent with the public interest to do so, he may grant his consent,
in writing, to the request of the applicant, subject to such conditions,
if any, as he deems necessary and desirable. Any function of the
Secretary under this section may be performed by the Under Secretary of
Labor.
