20 : 51 : 34 : 09 . Board member conflict of interest. A board member may not participate in a contested case proceeding or disciplinary action if the board member:

1. (1) Is personally related to a party involved in the contested case proceeding or disciplinary action by two degrees of consanguinity;
2. (2) Has a direct financial interest in a party involved in the contested case proceeding or disciplinary action through employment or by contract;
3. (3) Directly supervises and is responsible for peer review of a party involved in the contested case proceeding or disciplinary action; or

4. (4) Has a spouse who has a direct financial interest in or directly contracts with a party involved in the contested case proceeding or disciplinary action. If a conflict of interest exists, the member shall make an oral statement of recusal on the record at the initiation of the hearing.

   A recused member may not participate in board discussions or decision-making regarding that contested case proceeding or disciplinary action.

Source: 45 SDR 86, effective December 24, 2018.

General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).

Law Implemented: SDCL 36-11-28 , 36- 11 A-14, 36- 11 A-45.