Environmental Quality - Air Quality - Conflict of Interest

Published: 2016-03-03

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R307. Environmental Quality, Air Quality.
R307-104. Conflict of Interest.
R307-104-1. Authority.
This rule establishes procedures that are necessary for promulgating federally approvable air quality standards as permitted by subsection 19-2-104(1)(b).
R307-104-2. Purpose.
R307-104 satisfies the conflict of interest requirement of 42 U.S.C. 7428 (a)(2).
R307-104-3. Disclosure of conflict of interest.
(1) This rule applies to any member of the board or body which approves permits or enforcement orders, the head of the Utah Division of Air Quality with similar powers, and the head of the Utah Department of Environmental Quality with similar powers.
(2) Every individual listed in R307-104-3(1) who is an officer, director, agent, employee, or the owner of a substantial interest in any business entity which is subject to the regulation of the agency by which the individual listed in R307-104-3(1) is employed, shall disclose any position held and the precise nature and value of the interest upon first becoming a public officer or public employee listed in R307-104-3(1), and again whenever his or her position in the business entity changes significantly or if the value of his or her interest in the entity is significantly increased.
(3) The disclosure required under R307-104-3(2) shall be made in a sworn statement filed with:
(a) the state attorney general in the case of the head of the Utah Division of Air Quality and the head of the Utah Department of Environmental Quality; and
(b) the state attorney general and the head of the agency with which the member of the board or body is affiliated in the case of a member of the board of body.
(4) This rule does not apply to instances where the total value of the interest does not exceed $2,000, and life insurance policies and annuities shall not be considered in determining the value of any such interest.
(5) Disclosures made under R307-104-3 are public information and shall be available for examination by the public.
KEY: conflict of interest, Clean Air Act
Date of Enactment or Last Substantive Amendment: March 3, 2016
Notice of Continuation: February 3, 2021
Authorizing, and Implemented or Interpreted Law: 19-1-201; 19-2-104