5 Colo. Code Regs. § 1001-1-X

Current through Register Vol. 47, No. 18, September 25, 2024

Section 5 CCR 1001-1-X - CONFLICTS OF INTEREST

The following rule encourages the timely disclosure of conflicts of interest, including actual, apparent and 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.

X.A. Definitions

X.A.1. Actual conflict of interest means:

X.A.1.a. In a rulemaking proceeding or other action of general applicability, an inability of a Commissioner to objectively participate in the matter before the Commission because the Commissioner has an unalterably closed mind on a matter critical to the disposition of the proceeding. An official act that affects a group of industries or businesses does not, in and of itself, constitute an actual conflict of interest even though the Commissioner may work for or otherwise have an interest in one of the industries or businesses impacted by the official act.

X.A.1.b. In an adjudicatory proceeding:

X.A.1.b.(i) The Commissioner has, in some measure, adjudged the facts as well as the law in the case in advance of the hearing, or

X.A.1.b.(ii) The Commissioner, or the Commissioner's employer, has a substantial financial interest in the outcome of the proceeding.

X.A.2. An apparent conflict of interest means a personal or financial interest which could reasonably be perceived as an interest that may influence the Commissioner's decision.

X.A.3. A potential conflict of interest means an apparent or actual conflict of interest that may come about due to reasonably foreseeable events.

X.B. Disclosure of a Conflict of Interest:

If a Commissioner perceives that he or she may have an actual, apparent or potential conflict of interest, the Commissioner shall disclose the basis of the possible actual, apparent or 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 actual, apparent or potential conflict of interest.

X.C. Disqualification of a Commissioner for a Conflict of Interest

X.C.1. If a Commissioner perceives that he or she has an actual conflict of interest regarding any matter before the Commission, the Commissioner shall recuse himself/herself from any further participation or voting on the matter at hand.

X.C.2. Members of the public, parties, the Division, or other Commissioners may bring to the

Commission's attention circumstances that they believe constitute a conflict of interest for a Commissioner with respect to the proceeding.

X.D. Advisory Opinions:

The Commission Office shall maintain a log of Advisory Opinions approved by the Commission to assist the Commission in interpreting these Conflict of Interest provisions.

X.E. Rule of Necessity:

The foregoing notwithstanding, if recusal of the Commissioner or Commissioners in question would prevent Commission action because fewer than five Commissioners would be available to participate and vote on the matter at hand, the Commissioner or Commissioners may participate, in spite of an actual conflict of interest, if they have complied with the disclosure requirements applicable to an actual, apparent or potential conflict of interest prior to acting.

5 CCR 1001-1-X

44 CR 16, August 25, 2021, effective 9/14/2021