(1) The Board shall
at its first meeting in a calendar year or after receiving a new member
determine that it has at least a majority of members who represent the public
interest and who do not derive any significant portion of their income from
persons subject to permits or enforcement orders under this rule division,
0400-30 or rule division 1200-03.
(2) Definitions
(a) "Represent the public interest" means not
owning a controlling interest in, having 5% or more of his or her capital
invested in, serve as attorney for, act as a consultant for, serve as officer
or director of, or hold any other official or contractual relationship with,
either a person subject to permits or enforcement orders under this rule
division, 0400-30 or rule division 1200-03, or a trade or business association
of which such a person is a member.
(b) "Significant portion of income" means 10%
or more of gross personal income for a calendar year, including retirement
benefits, consultant fees, and stock dividends, except that it shall mean 50%
or more of gross personal income for a calendar year if the recipient is over
60 years of age and receiving such a portion pursuant to retirement, pension,
or similar arrangement. The term "significant portion of income" also means any
one or more of the following situations:
1.
When the Technical Secretary or the Board Member receives more than $5,000
annually in investment income from a source. Said investment is limited to
those that arise from the purchase of shares of stock in the source that were
purchased on the open market and generally available to any person at that
price.
2. When the Technical
Secretary or Board Member receives more than $100 annually due to a private
investment made in a source. Said private investment is one where the purchase
of stock or interest in a partnership was made directly with the source and
such opportunity was not generally available to the public as a
whole.
3. When the Technical
Secretary or Board Member receives a salary in any amount from a source for
services rendered.
4. When the
Technical Secretary or Board Member sells or is about to sell property or
equipment to a source. For the purposes of this part, equipment does not
include consumer goods that are offered to the public at the same price offered
to the source.
5. When the
Technical Secretary or Board Member buys or is about to buy property or
equipment from a source. For the purposes of this part, equipment does not
include consumer goods that can be purchased by the public at the same price
the source offered to the Technical Secretary or Board Member.
6. When the Technical Secretary or Board
Member has taken out a loan from a source in any amount unless:
(i) The loan is from a financial institution
whose deposits are insured by an entity of the federal government, or such loan
is made in accordance with existing law and is made in the ordinary course of
business. A loan is made in the ordinary course of business if the lender is in
the business of making loans, and the loan bears the usual and customary
interest rate of the lender for the category of loan involved is made on a
basis which assures repayment, is evidenced by a written instrument, and is
subject to a due date or amortization schedule;
(ii) The loan is secured by a recorded
security interest in collateral, bears the usual and customary interest rate of
the lender for the category of loan involved, is made on a basis which assures
repayment, is evidenced by a written instrument, and is subject to a due date
or amortization schedule.
For purpose of this subparagraph, income derived from
mutual-fund payments, or from other diversified investments as to which the
recipient does not know the identity of the primary sources of income, shall be
considered part of the recipient's gross personal income but shall not be
treated as income derived from persons subject to permits or enforcement orders
under this rule division, 0400-30 or rule division 1200-03.
(c) "Persons subject to
permits or enforcement orders under this rule division, 0400-30 or rule
division 1200-03" or a "source," as used in this chapter, includes any
individual, corporation, partnership, or association who holds, is an applicant
for, or is subject to any permit, or who is or may become subject to any
enforcement order under this rule division, 0400-30 or rule division 1200-03,
except that it does not include:
1. An
individual who is or may become subject to an enforcement order by reason of
his or her ownership or operation of a motor vehicle,
2. Any department or agency of a state,
local, or regional government; or
3. Any individual who is involved in the
program of an institute of higher learning whose duties do not include the
institute's compliance with this rule division, 0400-30 or rule division
1200-03.
(3)
Upon the request of the Technical Secretary, members of the Board shall provide
the necessary information needed to determine compliance with paragraph (1) of
this rule.
(4) In the event that
the Board cannot make a finding that at least a majority of the Board as
constituted by appointment of its members meets the requirements required by
the Clean Air Act, as amended, at § 128 ( 42 USC § 7428), then the
Technical Secretary shall notify the Governor of the Board's failure to make a
determination that at least a majority of its membership meets § 128
requirements. The Technical Secretary shall also advise and make
recommendations regarding corrective action necessary to allow the Board to be
qualified under § 128 including substitutionary appointments of a member
or members. The Board shall not act to hear contested cases until it has
determined that it can do so consistent with § 128.
