(a) A board member shall not be eligible to vote on, or participate in, matters pertaining to:
- (1) Their own application for certification, application for renewal, or application for reinstatement;
- (2) Any other matter regarding their certification; or
- (3) Subject to the further provisions of paragraphs (b) through (f) below, any matter coming before the board in which the member has a present or prior personal, professional, or financial interest, including, but not limited to, any matter involving the board member or the board member’s spouse, parent, child, business partner, or business investments.
- (b) A board member shall promptly disclose to the board any situation in which the interests described in paragraph (a) might be implicated.
- (c) A board member shall recuse themselves from participating in board deliberations or actions under the circumstances described in paragraphs (a)(1), (2), or (3) above.
- (d) When a board member has disclosed a circumstance described in subparagraph (a)(3) above and has not concluded that they must recuse themselves from board deliberations or actions pertaining to that matter, the question of whether or not the member shall recuse themselves shall be decided by a majority vote of the members of the board, excluding the member who made the disclosure.
(e) In the circumstances described in (d), above, the board member shall recuse themselves if a majority of the voting members of the board conclude that:
- (1) The member making the disclosure, or the board member's spouse, parent, child, or current business partner, has a present or prior personal, professional, business, or legal relationship with any party, intervenor, witness, or counsel that might adversely impact upon the board member’s ability to fairly, impartially, and fully perform their functions; or
- (2) The member making the disclosure has made statements or engaged in behavior which objectively demonstrates to the voting members of the board that they have actually prejudged the matter at issue.
- (f) Paragraphs (a) through (e) above shall not prohibit a board member from recusing themselves from any matter in which they personally believe that their ability to act fairly might reasonably be questioned.
Source. #8939, eff 9-15-07; ss by #14542, eff 4-3-26