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


R270-6-1. Authority
Latest version.

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


R270-6-2. Purpose
Latest version.

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


R270-6-3. Definitions
Latest version.

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


R270-6-4. Potential Conflicts of Interest
Latest version.

  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
Latest version.

  (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.