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Utah Administrative Code (Current through November 1, 2019) |
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R305. Environmental Quality, Administration |
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R305-9. Recusal of a Board Member for Conflict of Interest |
| R305-9-101. Purpose and Authority |
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Latest version.
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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 |
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Each board member shall provide disclosure of interest statements on forms provided by the Department. |
| R305-9-103. Recusal |
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(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 |
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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 may be 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 |
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Latest version.
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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 |
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(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. |