731-001-0007 Definitions Which Apply to OAR 731-001-0009 For purposes of 731-001-0009, the following definitions apply: (1) “Appointee” means a person who has been appointed to the commission by the Governor and has not yet been confirmed by a vote of the Senate pursuant to Oregon Constitution, Article III, Section 4. (2) “Commission” means the Oregon Transportation Commission established under ORS 184.612. (3) “Commissioner” means a person who has been appointed to the commission by the Governor and confirmed by the Senate pursuant to Oregon Constitution, Article III, Section 4. (4) “Conflict” means an actual conflict of interest as defined in ORS 244.020(1) or any action, decision, or recommendation by a commissioner acting in their official capacity on a matter under consideration by the commission the effect of which would be to the benefit or detriment of a beneficiary to whom the commissioner owes a legally imposed duty to act in the best interests of and to whom the commissioner owes the highest degree of loyalty. (5) “Direct or Indirect Financial Interest” as used in ORS 184.612 means an identifiable, personal pecuniary interest of an appointee that is directly or conditionally affected by the commission’s performance of its duties. It does not include a hypothetical, remote, or attenuated connection to commission projects, contracts, or funding. (a) “Direct Financial Interest” is an identifiable, personal pecuniary interest of an appointee that would necessarily and inevitably be affected by action on a matter under consideration by the commission at the time of the appointment by the Governor. (b) “Indirect Financial Interest” is an identifiable, personal pecuniary interest of an appointee that would be conditionally affected by an action on a matter under consideration by the commission at the time of the appointment by the Governor, subject to the occurrence of a reasonably likely and foreseeable intervening event. (6) “Direct or Indirect Fiduciary Interest” as used in ORS 184.612 means a personal and unimputed fiduciary duty of an appointee that is directly or conditionally implicated by the commission’s performance of its duties. (a) “Direct Fiduciary Interest” is a personal and unimputed professional or legal obligation of an appointee to a beneficiary which requires the appointee to devote the utmost good faith, trust, confidence, and loyalty to the beneficiary, and which would necessarily and inevitably create an irreconcilable division of loyalty between the appointee’s obligation to the beneficiary and the appointee’s prospective responsibilities as a member of the commission on a matter under consideration by the commission at the time of appointment by the Governor. (b) “Indirect Fiduciary Interest” is a personal and unimputed professional or legal obligation of an appointee to a beneficiary which requires the appointee to devote the utmost good faith, trust, confidence, and loyalty to the beneficiary, and which would conditionally create an irreconcilable division of loyalty between the appointee’s obligation to the beneficiary and the appointee’s prospective responsibilities as a member of the commission on a matter under consideration by the commission at the time of appointment by the Governor, subject to the occurrence of a reasonably likely and foreseeable intervening event. Statutory/Other Authority: ORS 184.612(3) & 184.619 Statutes/Other Implemented: ORS 184.612(3) History: DOT 10-2018, adopt filed 09/20/2018, effective 09/20/2018 DOT 5-2018, temporary adopt filed 06/27/2018, effective 06/27/2018 through 10/19/2018 DOT 3-2018, temporary adopt filed 04/24/2018, effective 04/24/2018 through 10/19/2018