PURPOSE: This rule regulates the internal affairs of the department regarding conflict of interest.
(1) All department employees are to perform their assigned duties in a manner which precludes any potential for a conflict of interest or the appearance of a conflict of interest. In this regard, department employees may not engage in any job-related activity which involves—
- (A) Use of state time, facilities, equipment or supplies for private gain or advantage;
- (B) Use of any employee identification card or the prestige and influence of the employee’s position for private gain or advantage; or
- (C) Acceptance of money or any other valuable consideration for the performance of an act which the employee should be expected to render during the regular course of employment or as part of his/her normal duties as a state employee.
(2) Director, deputy director, division directors, general counsel, department attorneys and director’s administrative staff. In addition, the director, deputy director, division directors, general counsel, department attorneys and any employee in the Resource Administration Division or otherwise among the director’s administrative staff shall not—
- (A) Be or become an officer, agent or employee of any bank or trust company, credit union, insurance company or association, or any other entity regulated by the department, its divisions, or any board, commission or other agency in the department;
- (B) Be or become interested in any bank or trust company, credit union, insurance company or association, or any other entity regulated by the department, its divisions, or any board, commission or other agency in the department other than as an account or policyholder; or
- (C) Hold an active license issued by the department, its divisions, or any board, commission or other agency in the department during his/her period of employment, unless the professional license is a requirement of the employee’s employment with the department.
(3) Insurance Company Regulation Division. In addition, no person employed in any capacity in the Insurance Company Regulation Division shall— FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION
- (A) Be or become an officer, agent or employee of any bank or trust company, credit union, insurance company or association, or any other entity regulated by the Insurance Company Regulation Division;
- (B) Be or become interested in any bank or trust company, credit union, insurance company or association, or any entity regulated by the department or any of its divisions, other than as a policyholder or account holder; or
- (C) Hold an active insurance license issued by the department during his/her period of employment.
(4) Insurance Market Regulation Division. In addition, no person employed in any capacity in the Insurance Market Regulation Division shall—
- (A) Be or become an officer, agent or employee of any bank or trust company, credit union, insurance company or association, or any entity regulated by the Insurance Market Regulation Division;
- (B) Be or become interested in any insurance company, or any other entity regulated by the department or any of its divisions, other than as a policyholder or account holder; or
- (C) Hold an active insurance license issued by the department during his/her period of employment.
(5) Consumer Affairs Division. In addition, no person employed in any capacity in the Consumer Affairs Division shall—
- (A) Be or become an officer, agent or employee of any insurance company, or association, or any other entity regulated by the Consumer Affairs Division;
- (B) Be or become interested in any insurance company, bank or trust company or any other entity regulated by the department or any of its divisions, other than as a policyholder or account holder; or
- (C) Hold an active insurance license issued by the department during his/her period of employment.
(6) Division of Finance. In addition, no person employed in any capacity in the Division of Finance shall—
- (A) Be or become an officer, agent or employee of any bank or trust company, bank holding company, insurance company, or association, or any other entity regulated by the Division of Finance; or
- (B) Be or become interested in any insurance company, bank or trust company or any other entity regulated by the department or any of its divisions, other than as a policyholder or account holder.
(7) All department employees, at the time of appointment and annually after that during the month of July, shall sign a disclosure statement which requires them to notify their supervisor if any of the following statements apply:
- (A) The employee has been previously employed by an insurance company or any other entity subject to regulation by the department;
- (B) The employee has a relative, within the second degree, by blood, marriage or adoption, who is employed by or has an interest in any company or any other entity subject to regulation by the department;
- (C) The employee or the relative has or had personal or financial interest in any company or any other entity subject to regulations by the department; or
- (D) The employee has a close friendship or association with an employee serving in a policy-making capacity with any company or other entity subject to regulation by the department.
AUTHORITY: section 374.045, RSMo 2000.* Original rule filed Jan. 8, 1992, effective May 14, 1992. Amended: Filed Oct. 15, 2007, effective May 30, 2008.
*Original authority: 374.045, RSMo 1967, amended 1993, 1995.