Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since May 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


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

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

As in effect on May 1, 2019

Table of Contents

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

January 29, 2018

Authorizing, Implemented, or Interpreted Law

Title 77, Chapter 32, Part 8


Additional Information

Contact

For questions regarding the content or application of rules under Title R364, please contact the promulgating agency (Governor, Criminal and Juvenile Justice (State Commission on), Indigent Defense Commission). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.