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Utah Administrative Code (Current through November 1, 2019) |
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R364. Governor, Criminal and Juvenile Justice (State Commission on) |
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R364-1. Conflicts of Interest for Indigent Defense Commission Members |
| R364-1-1. Authority |
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Latest version.
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This rule is authorized by Subsection 77-32-804(6). |
| R364-1-2. Purpose |
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The purpose of this rule is to establish standards and procedures to identify and address potential conflicts of interest. |
| R364-1-3. Definitions |
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As used in this rule, "commission" means the Utah Indigent Defense Commission created in Section 77-32-801. |
| R364-1-4. Identifying a Conflict of Interest |
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A commission member has a potential conflict of interest with respect to a matter to be considered by the commission if: (1) the commission member would be prohibited from participation under Title 67, Chapter 16, the Utah Public Officers' and Employees' Ethics Act; (2) the commission member's participation constitutes a violation of constitutional due process under the Utah or United States constitutions; or (3) the matter relates to a financial or personal interest of the commission member or a person or entity closely associated with the commission member. |
| R364-1-5. Procedures |
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Latest version.
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(1) A commission member who has a potential conflict of interest with respect to a matter to be heard before the commission shall: (a) fully disclose the conflict of interest to the commission at any commission meeting where the matter is to be discussed; and (b) recuse himself or herself from voting on the matter. (2) This rule does not preclude a commission member from participating in a discussion of the matter in the same manner as other individuals who provide input on the matter. |