SECTION 5.4262. Conflicts of Interest

(a) Potential conflicts. An applicant or member of the expert panel may have a conflict of interest if the applicant or member of the expert panel:

(1) is an employee or a contractor of the association;

(2) has a relative within one of the degrees of relationship described by Government Code §573.002 who is an employee or contractor of the association;

(3) has an open claim with the association;

(4) is a party to a lawsuit against the association;

(5) is a former association employee or contractor;

(6) is related, within one of the degrees of relationship described by Government Code §573.002, to a former association employee or contractor;

(7) is an association policyholder;

(8) has ever filed a claim with the association;

(9) is an employee or contractor of an insurance company;

(10) has been a party to a lawsuit against the association; or

(11) has any other direct or indirect interest, financial or otherwise, of any nature that is in substantial conflict with the expert panel's duties.

(b) Duty to update. A member of the expert panel must inform the commissioner or the commissioner's designee if any potential conflict of interest arises after the member's appointment to the expert panel.

(c) Consideration of potential conflicts of interest. The commissioner or the commissioner's designee may consider the potential conflicts of interest described in this section in making appointments to the panel and in removing members from the panel under §5.4265 of this title (relating to Removal of Expert Panel Member).

Source Note: The provisions of this §5.4262 adopted to be effective January 9, 2013, 38 TexReg 142