16 Del. Admin. Code § 9101-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9101-3.0 - Conflicts of Interest

3.1 Any member of the Commission or subcommittee member having an interest in a matter presented to or being considered by the Commission or a subcommittee for recommendation, authorization, approval or ratification, shall give prompt, full and frank disclosure of his or her interest to the Commission or subcommittee prior to its acting on such matter. The body to which such disclosure is made shall thereupon determine by majority vote, whether the disclosure shows that a conflict of interest exists or can reasonably be construed to exist.

3.2 If the body to which the disclosure is made determines that a conflict exists, the person regarded as having the conflict shall not vote on, nor use his or her personal influence on, nor participate (other than to present factual information or to respond to questions) in the discussions or deliberations with respect to such matter. Such person may not be counted in determining the existence of a quorum for the portion of the meeting where the matter that includes the conflict is under discussion or is being voted upon. The minutes of the meeting shall reflect the disclosure made, the vote thereon, and where applicable, the abstention from voting and participation, and whether a quorum was present.

20 DE Reg. 986( 6/1/2017) (Final)