W. Va. Code R. § 47-10-17

Current through Register Vol. XLI, No. 23, June 7, 2024

Section 47-10-17 - Conflict of Interest

17.1. Members of the Environmental Quality Board shall be bound by the conflict of interest requirements contained in W. Va. Code '22B-1-11.

17.2. The Director shall not be a person who receives, or has during the previous two (2) years received, a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit.

17.2.a. For the purposes of this section:

17.2.a.1. "Significant portion of income" means ten percent (10%) or more of gross personal income for a calendar year, except that it means fifty percent (50%) or more of gross personal income for a calendar year if the recipient is over sixty (60) years of age and is receiving that portion under retirement, pension or similar arrangement.

17.2.a.2. "Permit holders or applicants for a permit" does not include any department or agency of the State.

17.2.a.3. "Income" includes retirement benefits, consultant fees, and stock dividends.

17.2.b. For the purposes of this section, income is not received "directly or indirectly from permit holders or applicants for a permit" when it is derived from mutual fund payments or from other diversified investments for which the recipient does not know the identity of the primary sources of income.

W. Va. Code R. § 47-10-17