Made available by Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.

You can also go to The Alaska Legal Resource Center or search the entire website search.

Touch N' Go, the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.
Title 2 . Administration
Chapter 50 . Public Information
Section 825. Disqualification of commission member

2 AAC 50.825. Disqualification of commission member

(a) A commission member who has a substantial financial relationship with the respondent or with an individual who made an inquiry under 2 AAC 50.810 may not participate in a hearing under 2 AAC 50.820. If a commission member believes oneself unable to participate in the hearing in an unbiased manner so as to reach a fair and impartial decision, the member shall state this belief on the record and may not otherwise participate in the hearing.

(b) A commission member has a conflict of interest if the member, the member's family member, or the member's employer, business associate, or business has a financial relationship with

(1) the respondent;

(2) an individual who made an inquiry under 2 AAC 50.810; or

(3) a family member, business associate, or business of an individual listed under (1) or (2) of this subsection.

(c) A commission member with a conflict of interest shall state on the record the nature of the conflict. The commission member may not participate in the hearing unless a majority of the remaining members present vote to allow the member to participate. If a commission member does not have a conflict of interest but believes that a relationship creates the appearance of a conflict of interest or an impropriety, the member shall treat the relationship as if it created an actual conflict of interest. In determining whether to allow a member with a conflict of interest to participate in a hearing, the remaining members will consider the following factors:

(1) the significance of the financial relationship or interest;

(2) whether the interest held by the member, the member's family member, or the member's business associate or business is similar to that held by a large class of persons;

(3) whether the relationship is such that a reasonable person would believe the member capable of fair and impartial judgment.

History: Eff. 7/20/95, Register 135

Authority: AS 24.60.220


Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006