1. (a) A commission member who has a conflict of interest or a relationship that creates an appearance of impropriety, or who is otherwise unable to participate in a decision in an unbiased manner so as to reach a fair and impartial decision on a matter before the commission may not participate in a decision on a staff recommendation, an administrative appeal of a staff decision, or a hearing on that matter. A commission member has a conflict of interest in a matter before the commission if

   1. (1) the commission member has a substantial financial relationship with a complainant or respondent in the matter; or
   2. (2) a family member, employer, business associate, or business of a commission member has a substantial financial relationship with a complainant, a respondent, or a family member, business associate, or business of a complainant or a respondent.

2. (b) A commission member with a conflict of interest or a relationship that creates an appearance of impropriety, or who is otherwise unable to participate in a decision in an unbiased manner, shall state on the record the nature of the conflict or the relationship. Whether the member may participate in the hearing will be determined in accordance with AS 39.52.220, including consideration of the following factors:

   1. (1) the significance of the member's financial relationship or interest;
   2. (2) whether the interest held by the member, the member's family member, or the member's business associate or business is similar to that held by a large class of persons; and
   3. (3) whether a reasonable person would believe a person with the relationship or interest of the commission member to be capable of fair and impartial judgment.

(Eff. 12/22/2011, Register 200)

Authority: AS 15.13.030, AS 24.45.021, AS 24.60.220, AS 39.50.050