No. 40524 (New Rule): Rule R270-6. Recusal of a Board Member for a Conflict of Interest

(New Rule)

DAR File No.: 40524
Filed: 06/17/2016 10:35:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish standards and procedures for addressing potential conflicts of interest.

Summary of the rule or change:

This rule establishes standards and procedures for addressing potential conflicts of interest and the recusal of a Board member for a conflict of interest.

State statutory or constitutional authorization for this rule:

• Section 63M-7-506

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to state budget that are expected as a result of this rule. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member.

local governments:

There are no anticipated costs or savings to local government that are expected as a result of this rule. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member.

small businesses:

There are no anticipated costs or savings to small businesses that are expected as a result of this rule. The rule does not apply to small businesses.

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

There are no anticipated costs or savings that are expected as a result of this rule. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons. The rule simply addresses the standards and procedures for addressing potential conflicts of interest for a Board member.

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

There are no anticipated fiscal impacts that the rule may have on businesses. The rule does not apply to businesses.

Ron Gordon, Executive Directo

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

Crime Victim Reparations
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, by FAX at 801-533-4127, 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Gary Scheller, Director

RULE TEXT

R270. Crime Victim Reparations, Administration.

R270-6. Recusal of a Board Member for a Conflict of Interest.

R270-6-1. Authority.

This rule is authorized by Section 63M-7-506.

 

R270-6-2. Purpose.

The purpose of this rule is to establish standards and procedures for addressing potential conflicts of interest.

 

R270-6-3. Definitions.

Terms used in this rule are defined in Section 63M-7-502.

 

R270-6-4. 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 would be prohibited under Title 67, Chapter 16, the Utah Public Officers' and Employees' Ethics Act;

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

(3) the board member has a pecuniary interest in the outcome of the proceeding and may gain or lose some benefit from the outcome.

 

R270-6-5. Procedures.

(1) A board member, who has a potential conflict of interest with respect to a matter before the board, shall:

(a) disclose the conflict of interest on a form provided by the Office;

(b) refrain from directly or indirectly influencing the board's decision on the specific issue which gave rise to the conflict of interest; and

(c) recuse himself or herself from voting with the board on the matter.

(2) This rule does not preclude a board member from participating in a general discussion as a subject matter expert.

 

KEY: conflict of interest, Crime Victim Reparations and Assistance Board

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 67-16; 63M-7-506

 

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