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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

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Last modified 7/05/2006