File No. 35054
This rule was published in the August 1, 2011, issue (Vol. 2011, No. 15) of the Utah State Bulletin.
Alcoholic Beverage Control, Administration
Disclosure of Conflict of Interest
Notice of Proposed Rule
DAR File No.: 35054
Filed: 07/14/2011 10:03:16 AM
Purpose of the rule or reason for the change:
The purpose of this amendment is to remove this section in its entirety because the content is now in statute.
Summary of the rule or change:
This rule amendment removes the disclosure of conflicts of interest section because the content is now in statute.
State statutory or constitutional authorization for this rule:
- Section 32B-2-202
Anticipated cost or savings to:
the state budget:
None--The regulatory provisions in the rule regarding conflicts of interest are now statutory provisions. These provisions do not affect the state's budget.
None--Persons affected are certain Utah Department of Alcoholic Beverage Control employees and commissioners. The removal of this section does not affect local governments.
None. Persons affected are certain Utah Department of Alcoholic Beverage Control employees and commissioners. The removal of this section does not affect small businesses.
persons other than small businesses, businesses, or local governmental entities:
None--Persons affected are certain Utah Department of Alcoholic Beverage Control employees and commissioners. The removal of this section does not affect other persons.
Compliance costs for affected persons:
None--The amended rule removes the section with the regulatory provisions regarding conflicts of interest that are now in statute.
Comments by the department head on the fiscal impact the rule may have on businesses:
The removal of this section of the rule affects only certain Utah Department of Alcoholic Beverage Control employees and commissioners. There is no fiscal impact on businesses.
Dennis Kellen, Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Alcoholic Beverage Control
1625 S 900 W
SALT LAKE CITY, UT 84104-1630
Direct questions regarding this rule to:
- Neil Cohen at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at email@example.com
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:
Dennis Kellen, Director
R81. Alcoholic Beverage Control, Administration.
R81-1. Scope, Definitions, and General Provisions.
R81-1-29. Disclosure of Conflicts of Interest. (1) Authority. This rule is pursuant to 32A-12-306 that
prohibits a commissioner from having a conflict of interest in
the performance of the commissioner's duties, and 67-16-9
that prohibits a public officer from having personal investments
in any business entity which will create a substantial conflict
between the public officer's private interests and public
(2) Purpose. This rule provides procedures for a
commissioner to disclose an existing or potential conflict of
interest to ensure that the decisions of the commission are based
on a fair process.
(3) Application of Rule.
(a) A commissioner shall disclose during a meeting of the
commission any substantial existing or potential conflict of
interest including the existence and nature of a professional,
financial, business, or personal interest with an applicant for a
license or permit or with a licensee or permittee that may impact
the commission member's ability to fairly and impartially
vote on a particular issue involving that applicant, licensee or
(b) A commission member who believes he has a substantial
existing or potential conflict of interest that will impact the
commissioner's ability to fairly and impartially vote on a
particular issue shall recuse himself from voting on that
(c) If a commission member discloses a substantial
existing or potential conflict of interest and does not recuse
himself from voting on the particular issue, the commission may,
by majority vote, disqualify the commission member from
participating and voting on the particular issue if the
commission believes the conflict of interest is substantial and
will impact the commission member's ability to fairly and
impartially vote on the issue. The affected commission member may
not participate in this vote.
(d) Any declaration of a conflict of interest must be
recorded in the minutes of the meeting.
]KEY: alcoholic beverages
Date of Enactment or Last Substantive Amendment: [
February 24, ]2011
Notice of Continuation: May 10, 2011
Authorizing, and Implemented or Interpreted Law: [
32A-1-106(9)]; [ 32A-1-107]; [ 32A-1-119(5)(c)]; [ 32A-1-702]; [ 32A-1-703]; [ 32A-1-704]; [ 32A-1-807]; [ 32A-3-103(1)(a)]; [ 32A-4-103(1)(a)]; [ 32A-4-106(1)(a)]; [ 32A-4-203(1)(a)]; [ 32A-4-304(1)(a)]; [ 32A-4-307(1)(a)]; [ 32A-4-401(1)(a)]; [ 32A-5-103(1)(a)]; [ 32A-6-103(2)(a)]; [ 32A-7-103(2)(a)]; [ 32A-7-106(5)]; [ 32A-8-103(1)(a)]; [ 32A-8-503(1)(a)]; [ 32A-9-103(1)(a)]; [ 32A-10-203(1)(a)]; [ 32A-10-206(14)]; [ 32A-10-303(1)(a)]; [ 32A-10-306(5)]; [ 32A-11-103(1)(a)]; [ 32A-12-212(1)(b) and (c)]
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [
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For questions regarding the content or application of this rule, please contact Neil Cohen at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at firstname.lastname@example.org.