Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.11 - 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 natural resource
				  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 natural
				  resource 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.