Section 101.112  Bias and Conflict of Interest

a)         No Board member or Board employee may represent any other person in any Board proceeding.

b)         No former Board member or Board employee may represent any other person in any Board proceeding in which he or she participated personally and substantially as a Board member or Board employee, unless the Board and, as applicable, all parties in the adjudicatory proceeding, all proponents in the rulemaking, or all petitioners in the time-limited water quality standard proceeding consent in writing after disclosure of the participation. For subsections (a) and (b), representation includes consulting on legal or technical matters, and Board employee means a person the Board employs on a full-time, part-time, contract, or intern basis.

c)         The Board, on its own motion or the motion of any party, may disqualify a hearing officer for bias or conflict of interest as provided by Section 10-30(b) of the IAPA [5 ILCS 100/10-30(b)].

d)         In compliance with Section 128 of the federal Clean Air Act, at least a majority of Board members must represent the public interest and must not derive any significant portion of their income from persons subject to permits or enforcement orders under the Clean Air Act or Illinois Environment Protection Act.  Any potential conflicts of interests by Board members must be adequately disclosed.

(Source:  Amended at 43 Ill. Reg. 9674, effective August 22, 2019)