S.D. Admin. R. 20:51:34:10
A potential conflict of interest is an indirect financial interest, or a personal relationship or another interest in a party involved in a contested case proceeding or disciplinary action that is different from that of the general public, and that a reasonable person would believe might result in bias or prejudgment. A board member shall disclose any potential conflict of interest in a contested case proceeding or disciplinary action on the record at the initiation of the hearing, or during the hearing, if the board member becomes aware of the existence of a potential conflict of interest at that time. Upon the board's own motion or the motion of a party, and considering the rule of necessity if maintenance of a quorum is an issue, the board may recuse a member with a potential conflict of interest if the board determines that the potential conflict of interest raises an unacceptable risk of bias or prejudgment in the contested case proceeding or disciplinary action.
S.D. Admin. R. 20:51:34:10
General Authority: SDCL 36-11-11(1)(2)(3)(10)and(13).
Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.