S.D. Admin. R. 20:78:05:09

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:78:05:09 - Board member conflict of interest

A board member: who is personally related to a party involved in a contested case proceeding or disciplinary action by two degrees of consanguinity; or who has a direct financial interest in a party involved in a contested case proceeding or disciplinary action through employment or by contract; or who directly supervises and is responsible for peer review of a party involved in a contested case proceeding or disciplinary action; or whose spouse is employed by or directly contracts with a party involved in a contested case proceeding or disciplinary action; may not participate in the proceeding or action concerning that party. 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. 20:78:05:09

41 SDR180, effective 5/21/2015

General Authority: SDCL 36-4-35, 36-4A-42, 36-4B-35, 36-10-36, 36-10B-3, 36-29-17, 36-31-13, 36-36-12.

Law Implemented: SDCL 36-4-27, 36-4-28, 36-4-29, 36-4-30, 36-4-32, 36-4A-37, 36-4A-38, 36-4A-39, 36-4A-40, 36-4B-28, 36-4B-31, 36-4B-32, 36-4B-33, 36-10-38, 36-10-39, 39-10-40, 36-10-41, 36-10-44, 36-10-45, 36-10-46, 36-10-49, 36-10B-13, 36-10B-14, 36-29-18, 36-29-19, 36-29-20, 36-29-21, 36-29-22, 36-29-25, 36-29-26, 36-29-27, 36-31-14, 36-31-15, 36-31-16, 36-31-17, 36-31-18, 36-31-21, 36-31-22, 36-36-6, 36-36-13.