1. As provided in subsection 6 of section 115-04-01-02, the director, officer, commissioner, head, or other executive shall voluntarily recuse themself from any further involvement in a quasi-judicial proceeding where the potential conflict of interest or campaign monetary in-kind support creates an appearance of bias to a reasonable person.

2. The following factors should be considered to determine whether a potential conflict of interest or campaign monetary or in-kind support creates an appearance of bias to a reasonable person: a. Whether the potential conflict of interest or campaign monetary or in-kind support involves a party to the proceeding; b. The issues involved in the quasi-judicial proceeding; c. Other factors known to the director, officer, commissioner, head, or other executive that create an appearance of bias to a reasonable person; and d. For campaign monetary or in-kind support, the following factors also should be considered: (1) The size of the potential conflict of interest or campaign monetary or in-kind support; (2) The degree of involvement in the campaign; and (3) Whether the campaign monetary or in-kind support is within the current or immediately preceding election cycle.

3. The director, officer, commissioner, head, or other executive may consult with or defer to the neutral reviewer in determination of whether a potential conflict of interest or campaign monetary or in-kind support creates an appearance of bias to a reasonable person.

4. A violation of subsection 5 of section 2 of article XIV of the Constitution of North Dakota or these rules will not be found if: a. The director, officer, commissioner, head, or other executive consults with and adheres to the neutral reviewer's suggested course of action; b. The director, officer, commissioner, head, or other executive acts in good faith; and

c. The disclosed material facts surrounding the potential conflict of interest or campaign contribution or in-kind support are substantially the same as the facts presented in the complaint.

5. After disclosure to the parties involved in a quasi-judicial proceeding of a director, officer, commissioner, head, or other executive's potential conflict of interest or campaign monetary or in-kind support, all parties to the quasi-judicial proceeding may voluntarily consent, in writing, to the director, officer, commissioner, head, or other executive's continued involvement in the quasi-judicial proceeding.

History: Effective June 23, 2022.