Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.11 - Sales of Goods and Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibition.
An official shall not sell, either directly or
				indirectly, any goods or services to individuals, associations, or corporations
				subject to the regulatory authority of the department unless the department
				consents as provided in this rule.
(2)
Definitions.
"Association "
means any profit or nonprofit
				  entity that is not a "corporation" or an "individual" as defined in this rule,
				  but does not include any "unit of government" as defined in this rule.
"Commission "
means the environmental
				  protection commission.
"Corporation "
means "corporation" and
				  "foreign corporation" as defined in Iowa Code sections 490.140 and 504A.2, but
				  does not include any "unit of government" as defined in this rule.
"Department"
means the department of natural
				  resources.
"Goods"
means personal property, tangible
				  and intangible.
"Individual"
means a human being and
				  includes any individual doing business as a sole proprietorship.
"Official"
means a member of the
				  environmental protection commission.
"Sale "
or
"sell"
means the
				  process in which goods or services are provided in exchange for money or other
				  valuable consideration. The term does not include purchases of goods or
				  services, nor outside employment activities that constitute an
				  employer-employee relationship.
"Services"
means action, conduct or
				  performance which furthers some end or purpose or which assists or benefits
				  someone or something.
"Unit of government"
means "United States,"
				  "state" and "governmental subdivision" as defined in Iowa Code section
				  490.140.
(3)
Application for consent.
An application for consent must be
				signed by the official requesting consent and submitted as specified in subrule
				1.11 (4). The application must provide a clear statement of all relevant facts
				concerning the sale, specify the amount of compensation and how compensation is
				to be determined, and indicate the time period or number of transactions for
				which consent is requested. The application must also explain why the sale
				would not create a conflict of interest or provide financial gain by virtue of
				the applicant's position within the department.
(4)
Consent procedure.
Applications for consent must be submitted to the director who will schedule
				the matter as an informational item at a meeting of the commission. When the
				informational item is considered, the applicant may explain the application and
				entertain questions. The director shall schedule the matter to be decided at
				the second meeting following its consideration as an informational item, at
				which time the commission shall consider written comments which have been filed
				with the director and entertain any oral comments. The commission shall approve
				or deny the application by voting in the same manner as it determines other
				matters, except that the applicant shall not vote.
(5)
General conditions of
				consent.
Consent shall not be given to an official unless all of the
				following conditions are met:
a. This
				condition is satisfied if either of the following paragraphs is met:
(1) The duties or functions performed by the
				official are not related to the regulatory authority of the department over the
				individual, association or corporation; or
(2) The duties or functions performed by the
				official are not affected by the selling of goods or services to the
				individual, association or corporation.