Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
member conflict of interest. A board member may not participate in a contested case proceeding or disciplinary action if the board member: (1) Is personally related to a party involved in the contested case proceeding or disciplinary action by two degrees of consanguinity; (2) Has a direct financial interest in a party involved in the 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 the contested case proceeding or disciplinary action; or (4) Has a spouse who has a direct financial interest in or directly contracts with a party involved in the contested case proceeding or disciplinary action. If a conflict of interest exists, 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.
Source: 45 SDR 86, effective December 24, 2018.