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.

Source Note: The provisions of this §702.17 adopted to be effective February 11, 2010, 35 TexReg 872; amended to be effective March 2, 2014, 39 TexReg 1385