1. A member of the
Board may withdraw from a proceeding whenever the member of the Board considers
himself or herself to be disqualified.
2. Any party may request a member of the
Board, at any time before the filing of the Board's decision, to withdraw on
the grounds of personal bias or other disqualification, by filing with the
Board promptly upon the discovery of the alleged facts an affidavit setting
forth in detail the matters alleged to constitute grounds for
3. If, in the
opinion of the member of the Board, the affidavit is filed with due diligence
and is sufficient on its face, the member of the Board shall disqualify himself
or herself and withdraw from the proceeding.
4. If a member of the Board withdraws from
the proceeding, the member of the Board shall state the reason for the
disqualification upon the record, stating the grounds for his or her decision.
If the member of the Board does not believe the affidavit is sufficient on its
face, the member of the Board shall state his or her decision on the record.
The Board shall proceed with the hearing, or, if the hearing has closed,
proceed with issuing its decision.
Nev. Admin. Code
Dep't of Occupational Safety &
Health, Rule No. 67, eff. 11-9-73-NAC A by Occupational Safety & Health
Review Bd., 2-19-87