Crime Victim Reparations - Administration - Recusal of a Board Member for a Conflict of Interest

Published: 2016-08-22

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R270. Crime Victim Reparations, Administration.
R270-6. Recusal of a Board Member for a Conflict of Interest.
R270-6-1. Authority.
This rule is authorized by Section 63M-7-506.
R270-6-2. Purpose.
The purpose of this rule is to establish standards and procedures for addressing potential conflicts of interest.
R270-6-3. Definitions.
Terms used in this rule are defined in Section 63M-7-502.
R270-6-4. 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 would be prohibited under Title 67, Chapter 16, the Utah Public Officers' and Employees' Ethics Act;
(2) the board member's participation constitutes a violation of constitutional due process under the Utah or United States constitutions; or
(3) the board member has a pecuniary interest in the outcome of the proceeding and may gain or lose some benefit from the outcome.
R270-6-5. Procedures.
(1) A board member, who has a potential conflict of interest with respect to a matter before the board, shall:
(a) disclose the conflict of interest on a form provided by the Office;
(b) refrain from directly or indirectly influencing the board's decision on the specific issue which gave rise to the conflict of interest; and
(c) recuse himself or herself from voting with the board on the matter.
(2) This rule does not preclude a board member from participating in a general discussion as a subject matter expert.
KEY: conflict of interest, Crime Victim Reparations and Assistance Board
Date of Enactment or Last Substantive Amendment: August 22, 2016
Notice of Continuation: March 16, 2021
Authorizing, and Implemented or Interpreted Law: 67-16; 63M-7-506