No. 36776 (New Rule): Rule R305-9. Recusal of a Board Member for Conflict of Interest

(New Rule)

DAR File No.: 36776
Filed: 09/14/2012 03:52:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule will establish standards and procedures for addressing Department of Environmental Quality (DEQ) board member potential conflicts of interest. DEQ is required to make this rule under Subsection 19-1-201(1)(d)(i)(B).

Summary of the rule or change:

This rule will establish standards and procedures for addressing DEQ board member potential conflicts of interest. Board members would be prohibited from participating in a matter before the board if their participation would violate the Utah Public Officers' and Employees' Ethics Act, or if it would violate principles of due process.

State statutory or constitutional authorization for this rule:

• Subsection 19-1-201(1)(d)(i)(B)

Anticipated cost or savings to:

the state budget:

There will be no impact on the state's budget; the only impact will be on the ability of individual board members to participate in the board's decision-making process.

local governments:

There will be no impact on local government budgets; the only impact will be on the ability of individual board members to participate in the board's decision-making process.

small businesses:

There will be no fiscal impact on small businesses; the only impact will be on the ability of individual board members to participate in the board's decision-making process.

persons other than small businesses, businesses, or local governmental entities:

There will be no fiscal impact on other persons; the only impact will be on the ability of individual board members to participate in the board's decision-making process.

Compliance costs for affected persons:

The only persons impacted will be individual board members. There will be no compliance costs associated with determinations about their ability to participate in the board's decision-making process.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses; the only impact will be on the ability of individual board members to participate in the board's decision-making process.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Administration
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Laura Lockhart at the above address, by phone at 801-366-0283, by FAX at 801-366-0292, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2012

Interested persons may attend a public hearing regarding this rule:

• 10/15/2012 03:30 PM, DEQ Board Room, First Floor, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

11/07/2012

Authorized by:

Amanda Smith, Executive Director

RULE TEXT

R305. Environmental Quality, Administration.

R305-9. Recusal of a Board Member for Conflict of Interest.

R305-9-101. Purpose and Authority.

The purpose of this rule is to establish standards and procedures for addressing potential conflicts of interest. This rule is authorized by Section 19-1-201(1)(d)(i)(B).

 

R305-9-102. Disclosure of Interest Statements.

Each board member shall provide disclosure of interest statements on forms provided by the Department.

 

R305-9-103. Recusal.

(1) A board member shall be recused from voting during any board proceeding involving a matter in which the member has a conflict of interest.

(2) A board member may also be recused from participating in the board's discussion of a matter in which the member has a conflict of interest.

 

R305-9-104. Potential Conflicts of Interest .

A board member has a potential conflict of interest with respect to a matter to be considered by the board if:

(1) the board member's participation is prohibited under Title 67, Chapter 16, the Utah Public Officers' and Employees' Ethics Act; or

(2) the board member's participation may constitute a violation of constitutional due process under the Utah or United States constitutions.

 

R305-9-105. Procedures.

A board member who has a potential conflict of interest with respect to a matter before the board, as described in R305-9-104, may:

(1) recuse himself or herself from participation in the board's discussion of the matter and from voting with the board on the matter; or

(2) disclose the potential conflict of interest and seek a determination by the board about how to proceed in the matter.

 

R305-9-106. Decision of the Board.

(1) In making a decision under this rule R305-9, the board shall consider:

(a) the nature of the matter before the board;

(b) the nature of the potential conflict; and

(c) the Legislative intent that the board reflect balanced viewpoints.

(2) The board shall determine:

(a) whether the circumstances constitute a conflict of interest such that the board member shall be recused from voting with the board on the matter; and

(b) if the board member has a conflict of interest, whether the board member shall also be recused from participation in the board's discussion of the matter.

 

KEY: conflict of interest, board member recusal, recusal

Date of Enactment: 2012

Authorizing, and Implemented or Interpreted Law: 19-1-201(1)(d)(i)(B)

 

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