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:

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

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

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

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