ARSD 20:78:05:09
ARSD 20:78:05:09. Board member conflict of interest
Cite as S.D. Admin. R. 20:78:05:09
A board member who:
(1) Is personally related to a party involved in a contested case proceeding or disciplinary action by two degrees of consanguinity;
(2) Has a direct financial interest in a party involved in a contested case proceeding or disciplinary action through employment or by contract;
(3) Directly supervises and is responsible for peer review of a party involved in a contested case proceeding or disciplinary action;
(4) Or has a spouse employed by or directly contracts with a party involved in a contested case proceeding or disciplinary action; may not participate in the proceeding or action concerning that party. The member shall make an oral statement of recusal on the record at the initiation of the hearing. A recused member may not participate in board discussions or decision-making regarding that contested case proceeding or disciplinary action.