1. (a) A conflict of interest exists when a regional center governing board member, executive director, or a family member of such person is any of the following for a business entity, entity, or provider as defined in section 54505 of these regulations, except to the extent such position is permitted by Welfare and Institutions Code sections 4622 and 4626.

   1. (1) a governing board member;
   2. (2) a board committee member;
   3. (3) a director;
   4. (4) an officer;
   5. (5) an owner;
   6. (6) a partner;
   7. (7) a shareholder;
   8. (8) a trustee;
   9. (9) an agent;
   10. (10) an employee;
   11. (11) a contractor;
   12. (12) a consultant;
   13. (13) a person who holds any position of management; or
   14. (14) a person who has decision or policy making authority.
2. (b) A regional center board member or family member of such person who is an employee or contractor of a state or local governmental entity that provides services to regional center consumers and who works in a position having no relation to providing those services to regional center consumers does not have a conflict of interest as a result of his or her position. This exception does not apply to an employee of the Department of Developmental Services, who is still precluded from being a board member under Welfare & Institutions Code section 4626, subdivision (b)(1).
3. (c) There is no conflict of interest for purposes of these regulations where a consumer receives employment services through a regional center provider and the consumer's family member is a governing board member or executive director of the regional center, or the consumer's family member holds a position described in subsection (a)(1) to (14) with the provider providing the employment services, if the employment service is made equally available to all eligible consumers of the regional center in question.
4. (d) These conflict of interest provisions are in addition to those conflicts identified in Welfare and Institutions Code sections 4622 and 4626.

Note: Authority cited: Sections 4626 and 4627, Welfare and Institutions Code. Reference: Sections 4620.3, 4622, 4626, 4626.5 and 4627, Welfare and Institutions Code.

History

1. Repealer and new section filed 12-29-86; effective thirtieth day thereafter (Register 87, No. 1).

2. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB484 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).

3. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).

4. Amendment of section heading, section and Note filed 8-15-2012 as a deemed emergency pursuant to Welfare and Institutions Code section 4627(d); operative 8-15-2012 (Register 2012, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-11-2013 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section heading, section and Note refiled 2-7-2013 as a deemed emergency pursuant to Welfare and Institutions Code section 4627(d); operative 2-7-2013 (Register 2013, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-9-2013 or emergency language will be repealed by operation of law on the following day.

6. Editorial correction of subsections (a) and (c) (Register 2013, No. 19).

7. Amendment of section heading, section and Note refiled 5-6-2013 as a deemed emergency pursuant to Welfare and Institutions Code section 4627(d); operative 5-6-2013 (Register 2013, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-5-2013 or emergency language will be repealed by operation of law on the following day.

8. Reinstatement of section as it existed prior to 8-15-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2013, No. 32).

9. Amendment of section heading, section and Note filed 1-28-2014; operative 1-28-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 5).