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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
DIRECTOR'S OFFICE

 

DIVISION 15

CONFLICT OF INTEREST

440-015-0100

Purpose

(1) These rules implement ORS 705.135(3). The purpose of these rules is to identify the circumstances under which employees of the Department may or may not become indebted to or hold any interest in an entity subject to the regulation of the Department.

(2) These rules also provide for the reporting of such indebtedness or interests by employees for the purpose of preventing or resolving possible conflicts of interest.

(3) These rules are in addition to, and not in lieu of, the provisions of ORS Chapter 244, ORS 731.228, and any other statutes, rules, and policies applicable to indebtedness, financial interests, and conflicts of interest of employees of the Department.

Stat. Auth.: ORS 705.135
Stats. Implemented: ORS 244, 705.135
Hist.: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10

440-015-0105

Definitions

For the purpose of these rules:

(1) “Department” means the Department of Consumer and Business Services.

(2) “Director” means the director of the Department.

(3) “Designated position” means a position in the Department listed or designated under OAR 440-015-0110(2).

Stat. Auth.: ORS 705.135
Stats. Implemented: ORS 244, 705.135
Hist.: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10

440-015-0110

Indebtedness and Financial Interest of Department Employees

(1) Due to the scope of their authority, and to prevent actual and potential conflicts of interest or the appearance of conflicts of interest, certain employees of the Department holding executive and senior management positions, or positions exercising particular regulatory responsibilities, shall not be or become indebted to, or hold a financial interest in, or engage in business transactions with, entities over which those employees exercise regulatory responsibilities.

(2) Positions subject to section (1) of this rule include, but are not limited to, the Director, the Deputy Director, and the Administrators and Deputy Administrators of the Building Codes Division, Division of Finance and Corporate Securities, Insurance Division, Occupational Safety and Health Division (Oregon OSHA), and Workers’ Compensation Division. The Director, or division administrators subject to the Director’s approval, may designate additional positions as subject to section (1) of this rule. In determining which positions shall be designated pursuant to this section, the Director or administrator shall consider the scope of the responsibilities assigned to the position and the extent to which employee holding the position could influence the regulation of an entity regulated by the Department.

(3) For each designated position, the Director (or administrator, for positions designated by an administrator) shall identify the specific types of entities in which employees holding the position may not hold financial interests or engaged in business transactions, and to which employees holding the position may not become indebted.

(4) Any employee holding a designated position shall disclose any financial interests, business transactions or indebtedness prohibited by this rule, and shall come into compliance with this rule not later than 30 days following the effective date of this rule. The Director may grant extensions to prevent undue hardship, and may grant exceptions in the event of unusual circumstances (such as inheritance), subject to such conditions as the Director shall determine.

(5) Employees newly hired into a designated position shall disclose any financial interests, business transactions or indebtedness prohibited by this rule, and shall promptly divest themselves of any such interests or indebtedness. The Director may allow such employees a reasonable period to accomplish such divestiture to prevent undue hardship, subject to such conditions as the Director shall determine.

(6) Except as provided in this rule, or in ORS 731.228 or any other statutes, rules or policies restricting the indebtedness and interests of employees, and subject to applicable statutes, rules, and policies relating to conflicts of interest and ethics, Department employees may be indebted to or hold a financial interest in an entity regulated by the Department.

Stat. Auth.: ORS 705.135
Stats. Implemented: ORS 244, 705.135
Hist.: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10

440-015-0115

Reporting of Indebtedness and Interests

If the director or a division administrator believes that a Department employee is engaged in a conflict of interest, or is in a situation that has the potential of being or of appearing to be a conflict of interest, in violation of the provisions of ORS Chapter 244, ORS 731.228, or any other statutes, rules, and policies applicable to indebtedness, financial interests, or conflicts of interest of employees of the Department, the Director or administrator may require the employee to complete a financial disclosure form prescribed by the Director. The Director or division administrator may also reassign the employee’s duties to eliminate the potential conflict or take any other reasonable actions necessary to resolve the potential conflict.

Stat. Auth.: ORS 705.135
Stats. Implemented: ORS 244, 705.135
Hist.: DO 1-2010, f. 1-28-10, cert. ef. 2-1-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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