18 AAC 83.170 - Board member conflict prohibited

(a) The department will ensure that any board or body that approves all or portions of a permit does not include as a member a person who receives, or has during the previous two years received, a significant portion of income directly or indirectly from permit holders or applicants for a permit.

(b) For the purposes of (a) of this section,

(1) "board or body" includes any individual, including the director, who has or shares authority to approve all or any portion of a permit either in the first instance, as modified or reissued, or on appeal;

(2) "significant portion of income" means 10 percent or more of gross personal income for a calendar year, except that it means 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving that portion under retirement, pension, or similar arrangement;

(3) "permit holders or applicants for a permit" do not include any department or agency of the state government;

(4) "income" includes retirement benefits, consultant fees, and stock dividends.

(c) For the purposes of (b) 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.

Notes

18 AAC 83.170

Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

Authority:AS 44.46.020

AS 46.03.010

AS 46.03.020

AS 46.03.050

AS 46.03.100

AS 46.03.110