In exceptional cases, as determined by a vote of the simple
majority of the Oversight Committee present and voting, the participation
of an Oversight Committee Member, Institute Employee, Program Integration
Committee Member, independent contractor, or Scientific Research and
Prevention Programs Committee Member in the Grant Review Process,
the Grant Contract process, or the monitoring of the Grant Award outweighs
the potential bias posed by a Conflict of Interest held by the individual
and a waiver from recusal required by §702.13 of this chapter
(relating to Disclosure of Conflict of Interest and Recusal from Review)
may be granted by the Oversight Committee, unless otherwise prohibited
by state or federal law.
(1) The Chief Executive Officer or an Oversight Committee
Member may propose granting a waiver on behalf of the Oversight Committee
Member, the Institute Employee, the Program Integration Committee
Member, independent contractor, or the Scientific Research and Prevention
Programs Committee Member by submitting a written statement to the
presiding officer of the Oversight Committee. The statement must include:
(A) information about the Conflict of Interest, including
the name and position of the person with the conflict to be waived;
(B) the exceptional circumstances justifying a waiver
of one or more of the Institute's Conflict of Interest provisions;
(C) that the integrity of the Grant Review Process,
the Grant Contract process, the monitoring of Grant Awards, or committee
action would not be impaired by the individual's participation; and
(D) any proposed limits on certain activities to be
taken by the individual.
(2) The written proposal for a waiver must be submitted
to the Oversight Committee and publicly reported at the Oversight
Committee meeting. The waiver is granted if a majority of the Oversight
Committee Members present and voting approve the waiver. The vote
on a proposed waiver may take place prior to the Oversight Committee's
decision regarding the Grant Application recommended for funding.
(3) If the Conflict of Interest is one that is reasonably
expected to affect more than one Grant Review Cycle or grant monitoring
activities in a fiscal year, the waiver proposal may request that
the waiver apply for all activities associated with the Grant Review
Process, Grant Contract process, or grant monitoring process during
the fiscal year.
(4) The Institute shall report annually to the Governor,
the Lieutenant Governor, and the Speaker of the House of Representatives,
and the standing committee of each house of the legislature with primary
jurisdiction over Institute matters on all waivers granted for the
past twelve months. The reporting obligation is fulfilled by including
the information in the Institute's Annual Public Report required by
Texas Health and Safety Code §102.052.
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