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:
    
    
        
        (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.
     
    
        
            Code of Federal Regulations
        
        (Authority: 
                20 U.S.C. 1221e-3 and 3474
            )