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. Any other affidavit
shall be considered timely provided it is filed at the first opportunity after
the party becomes aware of facts which give rise to a reasonable belief that a
Board member may be disqualified under this Rule. Where a petition for
disqualification is filed less than 10 days before a hearing or during the
course of a hearing, the Board may continue the hearing with the challenged
Board member sitting. Petitioner shall have the opportunity to present evidence
supporting his 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 decision, shall decide whether the evidence justifies
disqualification. In the event of disqualification, the disqualified member
shall not participate in further deliberation or decision of the
Procedure for Determining
Disqualification when a timely Affidavit of Disqualification is filed:
(1) The Board will appoint a Board member to
investigate the allegations of the affidavit.
(2) The investigator will report to the Board
the findings of the investigation.
(3) The Board shall decide whether to
disqualify the challenged individual.
(4) The person whose disqualification is to
be determined shall not participate in the decision but may be called upon to
furnish information to the other members of the Board.
(5) When a Board member is disqualified prior
to the commencement of the hearing or after the hearing has begun, such hearing
shall continue with the remaining members sitting provided that the remaining
members still constitute a majority of the Board.
(6) 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