6 Colo. Code Regs. § 1007-3-7.04
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-7.04 - Conflicts of Interest(1)Application. The provisions of this section shall apply to any and all proceedings requiring or resulting in a formal action by the Commission. Commission members shall not participate in such proceedings if an actual conflict of interest exists in accordance with this section, except as provided below. Whether a potential conflict of interest exists, recusal of a Commissioner is determined by the Commissioner with the potential conflict. The following rule encourages the timely disclosure of potential conflicts of interest and provides guidance on the standards that should be applied for the disqualification of a Commissioner based on a conflict of interest. Neither an actual nor an apparent conflict of interest exists merely from the fact that a Commission member or his/her employer has a pre-established policy position on an issue under consideration.(2)Disclosure. If a Commissioner perceives that he or she may have a potential conflict of interest, the Commissioner shall disclose the basis of the possible potential conflict of interest to the Commission and others in attendance before the discussion or hearing begins, or as soon thereafter as the Commissioner perceives the possible potential conflict of interest.(3)Disqualification. If a member of the Commission perceives that he or she has potential conflict of interest regarding any matter before the Commission, the Commissioner shall disclose the basis of the conflict of interest to the Commission and others in attendance before the discussion or hearing begins or as soon thereafter as the Commissioner perceives there is an actual or apparent conflict of interest and if necessary disqualify himself or herself from any further participation or voting on the matter at hand.(4)Notification of Conflicts. Members of the public, parties, the Division, or other Commissioners may bring to the Commission's attention circumstances that they believe constitute a potential conflict of interest for a Commissioner with respect to the proceeding. If a member of the public, a party, the Division, or other Commissioner's believe a potential conflict exists for a Commissioner, such person must inform the Commission prior to the start of any proceeding in which the potential conflict of interest exists. Such disclosure can be made to the Commission Administrator or the Commission Assistant prior to the hearing or at the hearing during the public comment period that occurs prior to any rulemaking for matters not on the agenda. Such person must provide detailed information as to why he/she believes a potential conflict of interest exists. The Commissioner named for such conflict will be provided the opportunity to respond to the information provided and make a determination as to whether recusal is necessary. Recusal will be determined by the Commissioner with the potential conflict.(5)Rule of Necessity. The foregoing notwithstanding, if recusal of the Commissioner or Commissioners in question would prevent Commission action because fewer than six Commissioners would be available to participate and vote on the matter at hand, the Commissioner or Commissioners may participate, in spite of an actual or apparent conflict of interest, if they have complied with the disclosure requirements applicable to an actual or apparent conflict of interest prior to acting.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023