1. "Appearance of bias to a reasonable person" means that the interest in question would create in reasonable minds a perception that the director, officer, commissioner, head, or other executive's ability to carry out quasi-judicial responsibilities impartially and without bias is impaired.

2. "Campaign monetary or in-kind support" means all campaign contributions from a party to a proceeding of every kind and type whatsoever, whether in the form of cash, goods, services, or other form of contribution, and whether donated directly to the director, officer, commissioner, head, or other executive's campaign or donated to any other person or entity for the purpose of supporting the director, officer, commissioner, head, or other executive's election to any office within the current or immediately preceding election cycle which are known to the director, officer, commissioner, head, or other executive. No campaign contribution of any kind received prior to January 5, 2022, shall be included in this definition. No campaign contribution or in-kind support that is below the reporting level set forth in North Dakota Century Code chapter 16.1-08.1 shall be included in this definition.

3. "Gift" means a gift not otherwise permitted under article XIV of the Constitution of North Dakota, North Dakota Century Code chapter 54-66, or chapter 115-03-01.

4. "Neutral reviewer" means the individual or committee designated by an agency, legislative body, board, commission, or committee to receive disclosures of potential conflicts of interest and determine whether the potential conflict of interest is a disqualifying conflict of interest. In the absence of a rule or policy designating a neutral reviewer, the following shall apply:

1. a. If the director, officer, commissioner, head, or other executive with a potential conflict of interest or campaign monetary or in-kind support is a member of a legislative body, board, commission, or committee the remaining individuals who are members of the legislative body, board, commission, or committee which the matter is before shall be considered as the neutral reviewer;
2. b. If the director, officer, commissioner, head, or other executive with a potential conflict of interest or campaign monetary or in-kind support is an employee of the legislature, the director, officer, commissioner, head, or other executive's supervisor may be considered as the neutral reviewer;
3. c. If the director, officer, commissioner, head, or other executive with a potential conflict of interest or campaign monetary or in-kind support is a member of the governor's cabinet, the governor's designated ethics officer shall be considered as the neutral reviewer;
4. d. If the director, officer, commissioner, head, or other executive with a potential conflict of interest or campaign monetary or in-kind support is an appointed public official, the appointing official shall be considered as the neutral reviewer; or
5. e. If none of the above apply, the director, officer, commissioner, head, or other executive shall make the determination but must report the disclosure and decision in the manner set forth in section 115-05-01-06 within seven calendar days.5. 'Potential conflict of interest' means a director, officer, commissioner, head, or other executive as part of his duties must make a decision or take action in a matter in which the director, officer, commissioner, head, or other executive has:- a. Received a gift from one of the parties;
6. b. A significant financial interest in one of the parties or in the outcome of the proceeding; or
7. c. A relationship in private capacity with one of the parties.6. 'Quasi-judicial' means the directors, officers, commissioners, heads, or other executives of agencies are called upon to perform a judicial act when the directors, officers, commissioners, heads, or other executives of agencies are not members of the North Dakota judiciary. This includes adversarial administrative hearings, but does not include the portion of a public hearing where:- a. There are not pre-identified parties;
8. b. Only public input or comment is being received; or
9. c. The hearing is for quasi-legislative purposes, such as administrative rulemaking.7. 'Relationship in a private capacity' means a past or present commitment, interest or relationship of the director, officer, commissioner, head, or other executive in a matter involving the director, officer, commissioner, head, or other executive's employer, or individuals with whom the director, officer, commissioner, head, or other executive has a substantial and continuous business relationship.8. 'Significant financial interest' means a direct and substantial in-kind or monetary interest, or its equivalent, not shared by the general public; however, does not include investments in a widely held investment fund, such as mutual funds, exchange-traded funds, participation in a public employee benefits plan, or lawful campaign contributions.

History: Effective June 23, 2022.