1. (1) Definitions

   1. (a) “Conflict of interest” means any matter before the Commission in which the member or employee of the Commission has a direct or indirect interest that is in conflict or gives the appearance of conflict with the discharge of the member’s or employee’s duties;
   2. (b) “Direct interest” means a pecuniary interest in the persons involved in a matter before the Commission. This interest applies to the Commission member or employee, the Commission member’s or employee’s relatives or an individual with whom or business as to which the member or employee has a pecuniary interest. For the purposes of this part, a relative is a spouse, parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, or nephew by blood, marriage or adoption; and
   3. (c) “Indirect interest” means a personal interest in the persons involved in a matter before the Commission that is in conflict or gives the appearance of conflict with the discharge of the Commission member’s or employee’s duties;
2. (2) All Commission members shall annually review and sign a statement acknowledging the statute, rules and policies concerning conflicts of interest.

3. (3) Any member, upon determining that a matter scheduled for consideration by the Commission results in a conflict with a direct interest, shall immediately notify the executive director and shall be recused from any deliberation of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter. The member shall join the public during the proceedings.

   1. (a) Any member with an indirect interest shall publicly acknowledge such interest.
   2. (b) All members shall make every reasonable effort to avoid even the appearance of a conflict of interest. If a member is uncertain whether the relationship justifies recusal, the member shall follow the determination by the legal counsel for the Commission.
   3. (c) A determination by the Commission or any court that a member of the Commission with a direct interest failed to provide notice and be recused from deliberations of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter, shall result in the member’s automatic termination from the Commission and the position shall be considered vacant. The member shall not be eligible for appointment to any agency, board or commission of the state for a period of two (2) years.
   4. (d) The executive director, upon determining that a conflict exists for the executive director or any member of the staff, shall notify the chair of the Commission and take such action as the chair prescribes and pursuant to this part.

Authority: T.C.A §§ 68-11-1602, 68-11-1604, and 68-11-1605. Administrative History: Original rule filed August 31, 2005; effective November 14, 2005. Administrative changes made pursuant to Public Chapter 1119 of 2022 effective July 1, 2022.