California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54534 - Conflict Resolution Plan Review, Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than 90 calendar days after the
					 area board in the respective area and the State Council receive copies of the
					 completed Conflict of Interest Reporting Statement and the proposed Conflict
					 Resolution Plan for a regional center governing board member or regional center
					 executive director, the area board and the State Council shall each provide to
					 the Department their written approval or disapproval of the proposed Conflict
					 Resolution Plan. If either the area board or the State Council fails to provide
					 the Department with its written approval or disapproval of the proposed Plan
					 within 90 calendar days of receipt of the Conflict of Interest Reporting
					 Statement and the proposed Plan, the Department alone may make the decision to
					 disapprove the proposed Plan. The Department shall not approve a proposed
					 Conflict Resolution Plan without the approval of both the area board and the
					 State Council.
(b) The Department
					 shall determine whether a proposed Conflict Resolution Plan is sufficient or
					 needs to be modified to adequately eliminate, or mitigate and manage, the
					 present or potential conflict of interest. The Department may impose additional
					 restrictions and additional obligations to the proposed Conflict Resolution
					 Plan and/or make a determination that further information is
					 required.
(c) The Department is
					 responsible for making the final decision as to what conditions, restrictions,
					 obligations, or actions, if any, shall be imposed or taken by the regional
					 center governing board, regional center, and/or the individual(s), to
					 eliminate, or mitigate and manage, the present or potential conflict of
					 interest.
(d) The submission of a
					 proposed Conflict Resolution Plan does not authorize an individual with a
					 present or potential conflict of interest to engage in any activity that
					 constitutes a present or potential conflict of interest. The proposed Conflict
					 Resolution Plan shall be approved, in writing, by the Department, and the
					 Conflict Resolution Plan fully implemented prior to the individual engaging in
					 otherwise prohibited conduct. Department approval is not granted until the
					 regional center receives such determination in writing. Individuals shall not
					 engage in activities in which there is a present or potential conflict of
					 interest except in accordance with the terms of an approved Conflict Resolution
					 Plan.
(e) Department approval of a
					 proposed Conflict Resolution Plan is not valid unless it is based upon full
					 disclosure of all relevant information by the regional center governing board,
					 regional center, and/or the individual(s) with the present or potential
					 conflict of interest. Nondisclosure or misrepresentation of present or
					 potential conflicts of interest or of material information bearing on the
					 proposed Conflict Resolution Plan decision shall result in the Department's
					 rescission of its approval and/or immediate denial of the proposed Conflict
					 Resolution Plan, in addition to any civil penalties imposed pursuant to Welfare
					 and Institutions Code section
					 4626.
(f) The Department shall issue its
					 modification, approval, or denial of the proposed Conflict Resolution Plan, in
					 writing, to the regional center governing board or the regional center's
					 designated party within 30 calendar days of receiving the written approval or
					 disapproval of the proposed Conflict Resolution Plan from the area board and
					 the State Council for regional center governing board members or executive
					 directors, and within 30 calendar days of receipt of the proposed Conflict
					 Resolution Plan, for employees, contractors, agents and consultants, unless the
					 Department determines there is good cause for extending the time to
					 respond.
(g) If the proposed
					 Conflict Resolution Plan of an employee, contractor, agent or consultant is
					 denied by the Department, the individual shall have 30 calendar days from the
					 date of receipt of the Department's written denial in which to take the
					 necessary action to eliminate the conflict of interest or resign his or her
					 position as an employee, contractor, agent, or consultant. The Department may,
					 in exercise of its discretion, grant the individual and/or the regional center
					 an extension in which to complete any actions necessary to eliminate the
					 conflict of interest.
(h) If the
					 proposed Conflict Resolution Plan of a regional center governing board member
					 or executive director is denied by the Department and/or the State Council or
					 area board in the respective area, the governing board member or executive
					 director shall have 30 calendar days from the date of receipt of the
					 Department's written denial in which to take the necessary action to eliminate
					 the conflict of interest or resign his or her position as a regional center
					 governing board member or executive director. The Department may, in exercise
					 of its discretion, grant the regional center governing board, governing board
					 member, executive director or regional center, an extension in which to
					 complete any actions necessary to eliminate the conflict of interest.
(i) If the proposed Conflict Resolution Plan
					 is approved by the Department, the approved Conflict Resolution Plan shall be
					 implemented not later than 30 calendar days after written notification is
					 mailed by the Department, unless the Department grants the regional center
					 governing board, the regional center and/or the individual(s) an extension in
					 which to complete any actions necessary to implement the approved Conflict
					 Resolution Plan.
(j) The regional
					 center governing board, the regional center, and/or the covered individual(s)
					 shall fully comply with all elements set forth in the approved Conflict
					 Resolution Plan. When required by the terms of the approved Plan, the regional
					 center governing board, the regional center, and the individual(s) shall
					 provide documentation demonstrating compliance with the approved Plan to the
					 Department.
(k) A new proposed
					 Conflict Resolution Plan shall be submitted to the Department on an annual
					 basis and upon any change of status that creates a present or potential
					 conflict of interest.
(l) The
					 regional center governing board and/or the regional center shall retain a copy
					 of each Conflict of Interest Reporting Statement and any approved Conflict
					 Resolution Plan for the period of time consistent with the record retention
					 requirements in its state contract.
1. New
						section filed 1-28-2014; operative 1-28-2014 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2014, No. 5). For prior history, see Register 2013, No.
						32.
Note: Authority cited: Sections
						  4626
						  and
						  4627,
						  Welfare and Institutions Code. Reference: Sections
						  4622,
						  4626,
						  4627
						  and
						  4628,
						  Welfare and Institutions Code.