1. (a) An Oversight Committee member or a member of an advisory group who has a personal or private interest as defined by this chapter or an interest that has the appearance of impropriety or self-dealing shall immediately notify the Executive Director of such interest. In the event of such notice or in the event the Executive Director has such an interest, the Executive Director will notify the presiding officer of the Oversight Committee and the General Counsel who shall immediately determine the nature and extent of the conflict, if any.
2. (b) The General Counsel shall investigate the matter and shall notify the Executive Director and presiding officer of the Oversight Committee of the facts giving rise to the potential conflict and shall provide an opinion whether a conflict of interest or the appearance of impropriety or self-dealing exists and any appropriate course of action. If the conflict is held by the presiding officer, the General Counsel shall provide the opinion to the next ranking member of the Oversight Committee who has no conflict.
3. (c) After consulting with the presiding officer (or, if appropriate, the next highest ranking Oversight Committee member), the presiding officer shall take immediate actions regarding the recusal of the individual from any discussion of or access to information regarding the matter at issue.
4. (d) A final determination regarding the existence of a conflict of interest, appearance of impropriety or self-dealing regarding a matter involving a member of the Oversight Committee, a member of an advisory group, or the Executive Director can be made on behalf of the Institute by the presiding officer of the Oversight Committee, the next highest ranking member of the Oversight Committee if the individual at issue is the presiding officer, or by vote of the Oversight Committee or the Executive Committee.
5. (e) Individuals are encouraged to self-report. Any Oversight Committee member, who self-reports a potential conflict of interest or any interest that has the appearance of impropriety or self-dealing, and who fully complies with any recommendations of the General Counsel and a final determination regarding recusal from any discussion, voting, or access to information regarding the matter, shall be considered by the Institute to be in compliance with these rules. The individual is still subject to the operation of other laws, rules, requirements or prohibitions.
6. (f) This section does not apply to employees of the Institute other than the Executive Director or to members of a peer review group. If an employee of the Institute other than the Executive Director or a member of a peer review group has a personal or private interest as defined by this chapter, any other interest that is expressly prohibited by this chapter, or any interest that has the appearance of impropriety or self-dealing, the employee or peer review group member should report the interest to the Executive Director who may take any steps necessary to address the matter without referral of the matter to the Oversight Committee.

Source Note:The provisions of this §702.13 adopted to be effective July 13, 2009, 34 TexReg 4640.