DAR File No. 36776

Environmental Quality, Administration

Rule R305-9

Recusal of a Board Member for Conflict of Interest

Change in Proposed Rule

DAR File No.: 36776
Filed: 12/18/2012 12:37:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change addresses an error in the proposed rule; board members must bring matters that may pose a conflict to the board for its consideration, not just matters that have been determined to be conflicts.

Summary of the rule or change:

Board members are required under the change to bring to the board any matter that may be prohibited under the Utah Public Officers' and Employees' Ethics Act. As proposed, the rule required board members to bring only matters that were prohibited under the act. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 28. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

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:

• Debbie Oberndorfer at the above address, by phone at 801-536-4402, by FAX at 801-536-0061, or by Internet E-mail at [email protected]

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:

This rule may become effective on:

02/15/2013

Authorized by:

Amanda Smith, Executive Director

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]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.

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 or Last Substantive Amendments : [2012]2013

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