Utah Admin. Code R671-309-2 - Recusal
(1) A "hearing official" is a Board member, a
Board member pro tempore, or a hearing officer.
(2) A hearing official may be recused in any
proceeding in which the hearing official's impartiality might reasonably be
questioned, including but not limited to, the following circumstances:
(a) has a personal bias or prejudice
concerning a party or a party's lawyer;
(b) is or could have been a witness or victim
in any matter relating to the offender;
(c) has a familial, financial, or other
relationship with anyone involved in the case that might reasonably be seen as
a bias.
(d) where the hearing
official has information about the case that does not appear in the file;
and
(e) served as a lawyer, judge,
agent, or caseworker in any previous matter with the offender.
(3) In cases where a clear basis
for recusal exists the hearing official will document the recusal in the file
and reassign the case before the hearing is conducted.
(4) If the conflict is not recognized before
the hearing or the basis for recusal is minimal, the hearing official shall
disclose the basis of the potential recusal to the offender. If the offender
waives the recusal and agrees that the hearing official need not be
disqualified, the hearing official may conduct the proceeding. The offender's
waiver shall be entered on the record and memorialized in the case
file.
(5) If the offender believes
the hearing official or any Board member should be recused, the offender shall
raise the issue any time before or during the hearing.
(a) The offender may waive the recusal and
continue with the hearing as prescribed in Subsection (2).
(b) If the offender requests the recusal of
the hearing official or Board member who is conducting the hearing, the hearing
official or Board member will rule on the issue. If the hearing official or
Board member denies the recusal and proceeds with the hearing, the offender may
appeal to the Board Chair or designee. The offender must clearly describe, in
writing, the basis for recusing the hearing official and the requested remedy.
If the offender does not appeal the issue within ten calendar days after the
hearing official denies the recusal, the appeal is waived.
(6) The offender may request the recusal of a
Board member from the voting process based on any factors in Subsection (1).
(a) If the offender requests the recusal of a
Board member who is not conducting the hearing, the hearing official will
document the request. The Board will make a decision about the recusal before
considering the case.
(b) If the
offender does not raise the issue of recusal within ten calendar days after the
Board renders a decision the claim is waived.
(7) If a staff member of the Board meets the
requirements of Subsection (2), that staff member shall declare the conflict,
and the staff member's supervisor shall reassign the task to another staff
member.
Notes
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