Ill. Admin. Code tit. 20 § 3500.140

Current through Register Vol. 48, No. 45, November 8, 2024

Section 3500.140 - Conflicts of Interest

a) No member, including the Chairperson, shall participate in any Board business, including, but not limited to, voting, when that member has a conflict of interest.

b) For the purposes of this Section, whether a member has a conflict of interest shall be determined by the following guidelines:

1) A member has a conflict of interest and shall not preside over or otherwise vote in a matter in which:

A) the member knows the petitioner either through personal or professional interactions and those interactions are likely to impact the member's judgement, including but not limited to cases involving family members such as parents, spouses, and children.

B) the member's interest, through business, investment, personal relationships, or family, reasonably creates the appearance of impropriety in the performance of the member's duties on the Board.

2) Examples of conflicts of interest include, but are not limited to, the following:

A) using public office for direct or indirect private gain;

B) giving preferential treatment to any organization or person;

C) losing independence or impartiality of action;

D) making a government decision outside official channels; or

E) otherwise adversely affecting the confidence of the public in the integrity of the Board.

c) Disclosure

Prior to the Board taking any action on a matter in which a member has or may have a conflict of interest, the interested member shall disclose that interest to the other members.

d) Determination of Conflict of Interest

A member may use any of the following procedures to determine whether the member's own interest or the interest of another member constitutes a conflict of interest:

1) The member may request the advice of the Board's Executive Director, who shall promptly render a recommendation to the Board; or

2) The member may ask the Board to determine whether the interest constitutes a conflict of interest.

A) The Board shall ask the member with the potential conflict of interest to leave the meeting during any discussion or deliberation regarding whether a conflict of interest exists.

B) A majority of the non-interested members present at a meeting at which a quorum is present shall determine whether a conflict of interest exists.

C) The interested member shall be counted for purposes of determining whether a quorum is present but shall not participate in the deliberations or vote regarding whether a conflict of interest exists.

e) Prior to any determination of a conflict of interest and, even if, after a determination, a conflict of interest is found not to exist, the reporting member may indicate the member's decision to abstain from any Board action regarding the matter as to which the potential conflict of interest exists and, when appropriate, to recuse himself or herself from any Board discussion and determination of the pending matter.

f) Procedure When a Conflict of Interest is Determined

Upon the Board's determination that a conflict of interest exists, the member with the conflict of interest shall not access any documentation or records regarding the petitioner or participate in the Board's discussion and determination of the matter. In addition, when appropriate, the member with the conflict of interest shall recuse himself or herself from any deliberations and determinations.

Ill. Admin. Code tit. 20, § 3500.140

Emergency rule added at 47 Ill. Reg. 6196, effective 4/17/2023, for a maximum of 150 days

Added at 47 Ill. Reg. 13469, effective 9/8/2023