Self-disqualification. If for any reason a Board member determines that
personal bias or other factors render that member unable to hear a contested
case and perform all duties in an impartial manner, that Board member shall
voluntarily decline to participate in the hearing or decision.
(b) Petition for Disqualification. If for any
reason any party in a contested case believes that a Board member is personally
biased or otherwise unable to hear a contested case and perform all duties in
an impartial manner, the party may file a sworn, notarized affidavit with the
Board. The title of such affidavit shall bear the notation: "AFFIDAVIT OF
DISQUALIFICATION OF BOARD MEMBER IN THE CASE OF (name of case)."
(c) Contents of Affidavit. The affidavit must
state all facts the party deems to be relevant to the disqualification of the
(d) Timeliness and
Effect of Affidavit. An affidavit of disqualification shall be considered
timely if filed 10 days before commencement of the hearing.
(e) A party may file and serve a motion for
disqualification less than ten days before or during a hearing only when the
motion is based on newly discovered evidence that by due diligence could not
have been discovered in time to file a timely motion. Under these
circumstances, the hearing shall continue with the challenged Board member
sitting. Petitioner shall have the opportunity to present evidence supporting
their petition, and the petition and any evidence relative thereto presented at
the hearing shall be made a part of the record. The Board, before rendering its
final decision, shall decide whether the evidence justifies disqualification.
The decision about the disqualification of a Board member shall be made by the
other Board members who are not the subject of the disqualification. The Board
is not required to grant a new hearing if a Board member is disqualified during
the course of a hearing.
presiding officer, in their discretion, may determine the method of resolving
the motion for disqualification under
150B-40. This may include the authority to
direct that the Board's Executive Director oversee an investigation of the
allegations and report the findings to the Board.
(g) In the event of disqualification, the
disqualified member shall not participate in further deliberation or decision
of the case but may be called on to furnish information to the other members of
(h) If four or more
members of the Board are disqualified pursuant to this Rule, the Board shall
petition the Office of Administrative Hearings to appoint an administrative law
judge to hear the contested case pursuant to