Section 641.202.5. Organizational procedures.

         202.5(1) The presence of four members of the council shall constitute a quorum.

         202.5(2) The chairperson and all other council members present shall cast votes or abstain, as the case may be, on all council action. No proxy votes shall be allowed.

         202.5(3) A vote of a majority of those present shall be necessary to take action on any motion before the council. A tie vote shall mean no action on the motion.

         202.5(4) The council shall, at the first meeting after July 1 of each odd-numbered year, elect a vice-chairperson, who shall perform the duties of the chairperson in the absence of the chairperson, when the chairperson has a conflict of interest or when the chairperson so directs.

         202.5(5) The department shall notify the public and affected parties of the council meeting agenda utilizing the certificate of need Web page located on the department’s Web site, www.idph.state.ia.us.

         202.5(6) A council member shall refrain from participating in an application review process if the member:

            a.               Has a personal bias or prejudice concerning the applicant;

            b.               Has acted as counsel to the applicant or a competitor of the applicant in the same or adjoining county within the past two years;

            c.               Has a financial interest in the outcome of the application process or any other significant personal interest that could be substantially affected by the outcome of the case;

            d.               Has a spouse or relative within the third degree of relationship that (1) is affiliated with or represents the applicant or a competitor of the applicant in the same or adjoining county; (2) has a known financial or significant personal interest which could be substantially affected by the outcome of the application process; or (3) is likely to testify on behalf of the applicant or an affected person at public hearing; or

            e.               Has any other legally sufficient cause to refrain from participating in the application review process.

[ARC 1748C, IAB 12/10/14, effective 1/14/15]