16 CAR § 60-107 – Conflict of interest

(a)
1. (1) No member of the Crime Victims Reparations Board shall use such appointment for purposes that are motivated by private gain, including gain for providers, claimants, or victims with which the board member is associated within any capacity.
2. (2) There shall exist a conflict of interest when a provider, claimant, or victim with whom the board member is associated with appears before the board in the course of business of the board.
(b)
1. (1) When such a conflict arises for a member, the individual member should declare the conflict.
2. (2) Additionally, any member of the board who questions whether or not another member has a conflict of interest in the matter under discussion may ask for a determination by the board.
3. (3) If the board finds that a conflict exists, the affected member shall also follow the aforementioned procedure.
(c) Any member of the board who declares a conflict of interest, or who is found to have a conflict, should neither participate in debate nor vote on the issue in question.
(d) A conflict of interest shall exist among members of the administrative staff in any case where a member of the Department of Public Safety's staff or a person related, whether by blood, adoption, or marriage within the second degree of consanguinity to a member of the department’s staff is the claimant or victim on a claim for compensation.
(e) Additionally, the Administrator of the Crime Victims Reparations Board and the staff attorney may determine that a conflict of interest exists on claims where one (1) or more members of the administrative staff know the claimant or victim.
(f) Administrative staff members shall immediately notify the administrator when another member of the department’s staff or someone whom they believe is known by one (1) or more members of the administrative staff has filed a claim.
(g) In the event that a conflict arises or exists among all members of the administrative staff, the administrative staff may gather necessary information and present the application and attachments to the board, but shall not:
1. (1) Participate in the debate; or
2. (2) Vote on the claim in question.
(h) The administrative staff shall also immediately notify the administrator when such staff members know the victim or claimant on a particular claim.
(i)
1. (1) If only one (1) staff member is determined to have a conflict, then that staff member shall not:
  1. (A) Participate in the debate; or
  2. (B) Vote on the claim in question.
2. (2) If that staff member has been assigned to investigate the claim, then the administrator shall immediately reassign the claim to another investigator.