Section 1-1105. CONFLICT OF INTEREST

 

1105.1The Board shall consider all reported anti-deficiency violations in a fair and impartial manner. A Member who has a personal conflict, or the appearance thereof, in the resolution of any reported violation shall not participate in the Board's review of the matter. Examples of personal conflict include, but are not limited to: familial relationship or friendship with a party or parties accused of the violation or making the accusation of the violation; having witnessed or participated in events material to the inquiry from a non-neutral perspective; being a party to the inquiry or having the potential of providing information relevant to the inquiry; or having a financial interest in the outcome of the inquiry.

 

1105.2Any person involved in the reported violation may file a challenge for cause against a Member. The challenge must be filed with the Chairperson (or the Vice Chairperson if the Chairperson is challenged) in writing within ten (10) working days of the point at which the individual filing the challenge becomes aware of potential personal conflict of the Member or prior to the reported violation being considered by the Board, whichever is earlier. The challenge must describe in detail the basis for the personal conflict.

 

1105.3If a Member is challenged for cause, the Chairperson shall contact the challenged Member as soon as possible. If the Member agrees that the challenge is for good cause, or otherwise agrees to remove himself/herself from the particular inquiry, the Member shall remove himself/herself from the particular inquiry. If the challenged Member does not agree that the challenge is for good cause, the Chairperson shall poll the other Members, and if a Quorum agrees that the challenge is for good cause or otherwise removes himself/herself from the particular inquiry, the Chair shall notify the challenged Member and remove the Member from that inquiry. If a challenge to a Member is rejected under the above procedure, the written challenge and the Member's written response, as well as the official minutes of the meeting at which the matter was considered, shall be incorporated in the investigative file as part of the record.

 

1105.4Should any Member be removed or remove himself/herself from consideration of a reported violation due to challenge or voluntary removal on the Member's own initiative, the matter shall proceed before a quorum of the Board.

 

source

Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).