DAR File No. 42351

Governor, Criminal and Juvenile Justice (State Commission on), Indigent Defense Commission

Rule R364-1

Conflicts of Interest for Indigent Defense Commission Members

Notice of Proposed Rule

(New Rule)

DAR File No.: 42351
Filed: 11/30/2017 05:00:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish standards and procedures to identify and address potential conflicts of interest.

Summary of the rule or change:

The proposed rule establishes standards and procedures to identify and address potential conflicts of interest for members of the Indigent Defense Commission.

Statutory or constitutional authorization for this rule:

• Title 77, Chapter 32, Part 8

Anticipated cost or savings to:

the state budget:

This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on state government revenues or expenditures.

local governments:

This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on local governments.

small businesses:

This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on small businesses in Utah.

persons other than small businesses, businesses, or local governmental entities:

This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This proposed rule only applies to the official actions of the individual members of the Indigent Defense Commission, as related to the identification and process to address potential conflicts of interest of members. As a result, it is not anticipated that the proposed rule will have any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that this proposed rule will not result in any fiscal impact to small or non-small businesses.

Joanna Landau, Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Governor
Criminal and Juvenile Justice (State Commission on), Indigent Defense Commission
370 E South Temple, Suite 500
Salt Lake City, UT 84111

Direct questions regarding this rule to:

• Taylor Mosolf at the above address, by phone at 801-839-4153, by FAX at , or by Internet E-mail at taylormosolf@utah.gov

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:

01/16/2018

This rule may become effective on:

01/24/2018

Authorized by:

Joanna Landau, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The proposed rule only applies to the actions of individual members of the Indigent Defense Commission in their official capacity as commission members. As a result, there are no large businesses in Utah that will be impacted by the proposed rule.

 

R364. Governor, Criminal and Juvenile Justice (State Commission on).

R364-1. Conflicts of Interest for Indigent Defense Commission Members.

R364-1-1. Authority.

This rule is authorized by Subsection 77-32-804(6).

 

R364-1-2. Purpose.

The purpose of this rule is to establish standards and procedures to identify and address potential conflicts of interest.

 

R364-1-3. Definitions.

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.

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.

(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.

 

KEY: conflict of interest, Utah Indigent Defense Commission

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: Title 77, Chapter 32, Part 8