Section 0400-30-17-.05 - POLICY OF ETHICS AND THE AVOIDANCE OF CONFLICTS OF INTEREST(1) The Policy of the Board (a) No member of the Board shall participate in making any decision concerning a permit, enforcement case, or upon a case in which the municipality, firm or organization which the member represents, or by which the member is employed, or in which the member derives a significant portion of income, is involved, or is in any way a conflict of interest as defined by Rules 0400-30-17-.03 and 0400-30-17-.04.(b) Each member of the Board shall avoid any action, whether or not specifically prohibited by statute or regulation, which might result in or create the appearance of: 1. Using public office for private gain;2. Losing complete independence or impartiality;3. Making a government decision outside of official channels; or4. Affecting adversely the confidence of the public in the integrity of the government.(c) No member of the Board shall, directly or indirectly:1. Use, disclose, or allow the use of official information which was obtained through or in connection with his or her appointment to the board and which has not been made available to the general public for the purpose of furthering the private interest or personal profit or any person, including the board member; or2. Engage in a financial transaction as a result of, or primarily relying upon, information obtained through his or her appointment to the board.(d) No member of the Board shall make use of the facilities, equipment, personnel, or supplies of the State or its agencies for private use or gain, except to the extent that the use is de minimis or it's lawfully available to the general public.(e) Each member of the Board shall avoid all known conflicts of interest, and to the extent the member of the Board becomes aware of a conflict of interest in connection with any matter brought before the Board, the member of the Board shall disclose such conflict, as provided in paragraph (2) of Rule 0400-30-17-.03, to the other members of the Board, Administrative Law Judge, and/or other appropriate person(s) and will further recuse himself or herself from participating in any consideration of the matter.(f) No member of the Board shall participate in discussions or actions involving individuals in his or her immediate family, individuals employed by the member of the Board or the member of the Board's business or any other matter in which the member of the Board's participation may create an appearance of bias or impropriety.(g) When a member of the Board is in doubt as to the proper interpretation of this rule, he or she shall seek the advice of the Department's Office of General Counsel.(2) Each member of the Board during the first meeting of the Board each calendar year, or the member's first attendance of a Board meeting of the calendar year, shall:(a) Make a written disclosure of financial interests or other possible conflicts of interest;(b) Acknowledge in writing that they have read and understand all aspects of this rule; and(c) State as a condition of serving as a member of the board that he or she is not in conflict with the conditions of this rule.Tenn. Comp. R. & Regs. 0400-30-17-.05
Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from1200-03-17.Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.