Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-30 - Division of Air Pollution Control
Chapter 0400-30-17 - Conflict of interest
Section 0400-30-17-.05 - POLICY OF ETHICS AND THE AVOIDANCE OF CONFLICTS OF INTEREST
Universal Citation: TN Comp Rules and Regs 0400-30-17-.05
Current through September 24, 2024
(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; or
4. 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; or
2. 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.
Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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