S.D. Admin. R. 20:51:34:09

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:51:34:09 - Board member conflict of interest

A board member who may not participate in a contested case proceeding or disciplinary action if the board member:

(1) Is personally related to a party involved in the contested case proceeding or disciplinary action by two degrees of consanguinity;

(2) Has a direct financial interest in a party involved in the contested case proceeding or disciplinary action through employment or by contract;

(3) Directly supervises and is responsible for peer review of a party involved in the contested case proceeding or disciplinary action; or

(4) Has a spouse who has a direct financial interest in or directly contracts with a party involved in the contested case proceeding or disciplinary action. If a conflict of interest exists, the member shall make an oral statement of recusal on the record at the initiation of the hearing.

A recused member may not participate in board discussions or decision-making regarding that contested case proceeding or disciplinary action.

S.D. Admin. R. 20:51:34:09

45 SDR 086, effective 12/24/2018

General Authority: SDCL 36-11-11(1)(2)(3)(10)and(13).

Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.