Ala. Admin. Code r. 330-X-16-.08

Current through Register Vol. 42, No. 8, May 31, 2024

Section 330-X-16-.08 - Conflict And Bias

(1) No Board member shall be entitled to vote in any disciplinary matter if the Board member is personally biased, or if a conflict exits with the respondent, or if such voting would violate the provisions of the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-18(a).

(2) Any respondent in a disciplinary action who wishes to assert bias or conflict may do so by filing an affidavit asserting the disqualification together with the underlying factual bias for the assertion with the Executive Director at least three days before the scheduled disciplinary hearing.

(3) The Board shall consider the assertion of disqualification on the record as a preliminary matter at the hearing before any other action is indicated.

Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors

Ala. Admin. Code r. 330-X-16-.08

Filed September 22, 1982. Amended: Filed September 23, 1998; effective October 28, 1998.

Rule 330-X-1-.09 was renumbered 330-X-1-.08 as per certification filed September 23, 1998; effective October 28, 1998.

Statutory Authority:Code of Ala. 1975, §§ 34-11-35, 34-11-11, 41-22-18(a).