N.H. Admin. Code § Gal 103.06

Current through Register No. 36, September 5, 2024
Section Gal 103.06 - Ineligibility of Board Members to Participate
(a) A board member shall not be eligible to vote on, or participate in, matters pertaining to:
(1) His or her own application for certification, application for renewal or application for reinstatement;
(2) Any other matter regarding his or her certification; or
(3) Subject to the further provisions of paragraphs (b) through (f) below, any matter coming before the board in which the member has a present or prior personal, professional, or financial interest including, but not limited to, any matter involving the board member or the board member's spouse, parent, child, business partner or business investments.
(b) A board member shall promptly disclose to the board any situation in which the interests described in paragraph (a) may be implicated.
(c) A board member shall recuse himself or herself from participating in board deliberations or actions under the circumstances described in paragraphs (1), (2) or (3) above.
(d) When a board member has disclosed a circumstance described in subparagraph (a) (3) above and has not concluded that he or she must recuse him or herself from board deliberations or actions pertaining to that matter, the question of whether or not the member shall recuse him or herself shall be decided by a majority vote of the members of the board, other than the member who made the disclosure.
(e) In the circumstances described in (d) above, the board member shall recuse him or herself if a majority of the voting members of the board conclude that:
(1) The member making the disclosure, or the board member's spouse, parent, child or current business partner has a present or prior personal, professional, business or legal relationship with any party, intervenor, witness or counsel that may adversely impact upon the board member's ability to fairly, impartially, and fully perform his or her functions; or
(2) The member making the disclosure has made statements or engaged in behavior which objectively demonstrates to the voting members of the board that he or she has actually prejudged the matter at issue.
(f) Paragraphs (a) through (e) above shall not prohibit a board member from recusing him or herself from any matter in which he or she personally believes that his or her ability to act fairly may reasonably be questioned.

N.H. Admin. Code § Gal 103.06

#8939, eff 9-15-07