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§ 54528. Financial Interests in Contracts Creating a Conflict of Interest for Regional Center E...

17 CA ADC § 54528BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
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
17 CCR § 54528
§ 54528. Financial Interests in Contracts Creating a Conflict of Interest for Regional Center Employees, Contractors, Agents and Consultants.
(a) The purpose of this section is to make certain that regional center employees, contractors, agents and consultants are guided solely by the interests of the regional center and its consumers and not by their financial interests when participating in the making of contracts in their official capacity.
(b) Regional center employees, contractors, agents and consultants shall not be financially interested in any contract in which they participate in making in their official capacity.
(1) Financially interested, for purposes of this section, means any financial interest regardless of the dollar amount, and includes aiming to achieve a financial gain or avoid a financial loss. The financial interest may be direct or indirect and includes any monetary or proprietary benefit, gain of any sort, or the contingent possibility of monetary or proprietary benefits, and extends to expectations of economic benefit. Certainty of financial gain is not necessary to create a conflict of interest.
(A) The financial interest is direct when the individual, in his or her official capacity, does business with himself or herself in his or her private capacity.
(B) The financial interest is indirect if an employee, contractor, agent or consultant enters into a contract in his or her official capacity with an individual or entity, and because of the relationship between the individual or entity to the employee, contractor, agent or consultant, the individual or entity is in a position to render actual or potential pecuniary benefits to the employee, contractor, agent or consultant based on that contract.
(2) Participation in the making of a contract includes any act involving preliminary discussions, development, negotiations, compromises, reasoning, planning, drawing of plans and specifications, solicitation for bids, approval and execution.
(c) Regional center employees, contractors, agents or consultants shall not make any contract which is financially beneficial to a family member of such person, unless the benefits associated with the contract are available to regional center consumers or their families generally.
Note: Authority cited: Sections 4626 and 4627, Welfare and Institutions Code. Reference: Sections 4622, 4626 and 4627, Welfare and Institutions Code; and Section 1090, Government Code.
HISTORY
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.
This database is current through 1/7/22 Register 2022, No. 1
17 CCR § 54528, 17 CA ADC § 54528
End of Document