Unless otherwise provided by law, no person may serve as a member of a governmental regulatory agency that regulates any business with which that person is associated. An employee of the regulatory agency which regulates a business with which he is associated annually shall file a statement of economic interests notwithstanding the provisions of Section 8-13-1110. No person may be an employee of the regulatory agency which regulates a business with which he is associated if this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.

ETHICS COMMISSION OPINIONS

Where members of DHEC Board are health care providers, and DHEC registers health care providers for controlled substance prescriptions, monitors and takes enforcement action against violators, and health care providers register X-ray equipment which is subject to inspections, and there are no statutory requirements that Board Members be health care providers, members of Board who are medical professionals are not prohibited by Section 8-13-730 from serving on Board, however they are advised to follow procedures of Section 8-13-700(B) on matters affecting their economic interests. Commission finds that DHEC's regulation upon medical profession is de minimis. Since DHEC does not regulate specific way these health care professionals operate, Ethics Act does not preclude their service on DHEC Board. When conflicts of interest do arise, medical professionals serving on Board can and should follow safeguards provided in Section 8-13-700(b). Op S. C. St Ethics Comm., SEC AO92-091, Mar 626, 1992.

Engineer, member of County Planning Commission, who is civil engineering designer and construction coordinator for engineering firm, would not be prohibited from serving on County Planning Commission if such service is authorized by local statutes or ordinances, and, if there is such authorization, there would be no violation for engineer to serve and for members of his firm to represent clients before county agencies in order to carry out functions of their profession. If Planning Commission specifically regulates operation of engineers in county, Section 8-13-730 applies to situation, otherwise it is not applicable. Upon determination that Section 8-13-730 does not preclude member of Planning Commission from serving, impact of Section 8-13-740 must be considered. If engineer does not serve pursuant to statute specifically providing for service of engineer upon Planning Commission, then these provisions apply. Commission finds that if county ordinances or regulations authorize that engineer serves upon Planning commission and that engineer serves pursuant to that authorization, Section 8-13-740 would not prohibit such person or individuals or businesses with which he is associated from representing clients before Planning Commission. To continued service, if allowed as mentioned above, Commission advises that provisions of Section 8-13-700(B) would apply, and advises that, if engineer is allowed to serve in accordance with above discussion, members of his engineering firm would not be prohibited from representing clients before Planning Commission provided members follow procedures of Section 8-13-700(B) on all matters affecting economic interests of engineering firm. Op S. C. St Ethics Comm., SEC AO92-072, Mar 25, 1992.

Employee of Public Service Commission may do off-duty work with regulated freight mover, since her position does not create conflict; however, she is required to file Statement of Economic Interests. Public employee may engage in outside employment consistent with established guidelines that no public materials or equipment be utilized, with some exceptions; that such work be engaged in on employee's own time; that work does not interfere with needs of agency; and that public position is not utilized to obtain or continue employment. Op S.C. St. Ethics Comm., SEC AO92-093, Feb 26, 1992.

Architect would be prohibited from serving on design review board unless such service is authorized by statute or ordinance. If design review commissions in question specifically regulate operation of architects, Section 8-13-730 applies to situation, otherwise it does not. Upon determination that Section 8-13-730 does not preclude member of design review commission from serving, impact of Section 8-13-740 must be considered. Commission finding that if local county or city ordinances or regulations authorize that an architect serves on design review commission and that architect serves pursuant to such authorization, Section 8-13-740 would not prohibit that person or individuals or businesses with which architect is associated from representing clients before design review commission. Commission further advises that, if architect is allowed to serve in accordance with above discussion, members of his architectural firm would not be prohibited from representing clients before the commission, provided member follows procedures of Section 8-13-700(B). And, such member, if allowed to serve in accordance with above discussion, would not be prohibited from having jobs which require Board approval, but members advised to follow procedures of Section 8-13-700(B) when required to take official action or make decisions affecting those jobs. Op S.C. St. Ethics Comm., SEC AO92-119, March 25, 1992.

Director of Environmental Certification Board is not prohibited from engaging in off-duty employment in voluntary licensing of water distribution and wastewater collection personnel, since his agency does not regulate voluntary licensees in question. Op S.C. St. Ethics Comm., SEC AO92-157, May 27, 1992.

Representative of Charleston Branch Pilots' Association would not be prohibited from serving on Commissioners of Pilotage for Port of Charleston since relationship is mandated by statute. Pilot representative would be required, however, to follow provisions of Section 8-13-700 on matters affecting his personal economic interest or those of Association to greater extent than those of other pilots. One-time conflict statement is not sufficient but rather statement describing each potential conflict and its effect on representative's economic interests would be required. Op S. C. St Ethics Comm., SEC AO92-092-033, Dec 18, 1991.