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 54533 - Present or Potential Conflict of Interest Identified, Proposed Conflict Resolution Plan Content, Timelines for Submission of Proposed Conflict Resolution Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a
					 present or potential conflict of interest is identified for a regional center
					 board member, executive director, employee, contractor, agent or consultant,
					 the present or potential conflict shall be either eliminated or mitigated and
					 managed through a Conflict Resolution Plan, or the individual shall resign his
					 or her position with the regional center or regional center governing
					 board.
(b) When a present or
					 potential conflict of interest has been identified by the regional center
					 executive director for a regional center employee, contractor, agent or
					 consultant, the regional center shall submit a copy of the completed Conflict
					 of Interest Reporting Statement and a proposed Conflict Resolution Plan for
					 eliminating or mitigating and managing the present or potential conflict to the
					 Department within 30 calendar days of receipt of the completed conflict of
					 interest statement from the employee, contractor, agent or
					 consultant.
(c) When a present or
					 potential conflict of interest has been independently identified by the
					 Department for a regional center employee, contractor, agent or consultant, the
					 Department shall notify the regional center executive director, in writing, of
					 the present or potential conflict. The regional center executive director shall
					 submit a copy of the completed Conflict of Interest Reporting Statement and a
					 proposed Conflict Resolution Plan for eliminating or mitigating and managing
					 the present or potential conflict to the Department within 30 calendar days of
					 receipt of the Department's notification.
(d) When a present or potential conflict of
					 interest has been identified by the regional center governing board for a
					 regional center governing board member or regional center executive director,
					 the regional center governing board shall submit a copy of the completed
					 Conflict of Interest Reporting Statement and a proposed Conflict Resolution
					 Plan for eliminating or mitigating and managing the present or potential
					 conflict to the Department, to the area board in the respective area, and to
					 the State Council within 30 calendar days of receipt of the completed Conflict
					 of Interest Reporting Statement.
(e) When a present or potential conflict of
					 interest has been independently identified by the Department for a regional
					 center governing board member or regional center executive director, the
					 Department shall notify the regional center governing board, in writing, of the
					 present or potential conflict. The regional center governing board shall submit
					 a copy of the completed Conflict of Interest Reporting Statement and a proposed
					 Conflict Resolution Plan for eliminating or mitigating and managing the present
					 or potential conflict to the Department, to the area board in the respective
					 area, and to the State Council within 30 calendar days of receipt of the
					 Department's notification.
(f) To
					 promote transparency, the regional center shall post on its internet website
					 each completed Conflict of Interest Reporting Statement that identifies a
					 present or potential conflict of interest that cannot be resolved within 30
					 calendar days of receipt by the regional center governing board or the regional
					 center executive director, or within 30 calendar days of receipt of the
					 Department's notification that it has independently identified a present or
					 potential conflict of interest.
The completed Conflict of Interest Reporting Statement
						shall remain on the regional center's Internet website until the present or
						potential conflict of interest has been eliminated, or the individual has
						resigned his or her regional center position.
(g) The proposed Conflict Resolution Plan
					 shall be a written, detailed plan to eliminate, or mitigate and manage, the
					 present or potential conflict of interest, along with any necessary supporting
					 documents. The proposed Conflict Resolution Plan shall:
(1) Describe the precise nature of the
					 present or potential conflict of interest or activity and give a detailed
					 description of the conflict:
(A) The type of
					 interest creating the present or potential conflict; and
(B) The identity and relationship between the
					 individual(s) and/or entity(ies) involved; and
(C) The roles and duties of each individual
					 and/or entity that gives rise to the present or potential conflict of
					 interest.