616B.782 - Conflict of interest: Appointment of substitute member; waiver; determination. - Nevada Statutes

616B.782  Conflict of interest: Appointment of substitute member; waiver; determination.

      1.  If a member of the Appeals Panel determines that he or she has a personal interest or a conflict of interest, directly or indirectly, with a party to a hearing or the subject matter of the hearing, the Chair of the Appeals Panel shall appoint a substitute member for that hearing who has the same qualifications, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1 of NRS 616B.760 as the member who has the conflict of interest. If the Chair is the member with the conflict of interest, another member of the Appeals Panel shall appoint the substitute.

      2.  A conflict of interest may be waived if, after full written disclosure of the facts raising such a conflict, all parties to the appeal agree in writing to the hearing of the appeal by the member. Such waiver must be filed with the Chair of the Appeals Panel before the hearing. If the Chair is the member with the conflict of interest, the waiver must be filed with the Commissioner.

      3.  The member of the Appeals Panel who represents the advisory organization shall be deemed not to have a conflict of interest with respect to the advisory organization if it is a party to a hearing.

      (Added to NRS by 1999, 3379; A 2001, 2256)