Ala. Admin. Code r. 465-X-5-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 465-X-5-.11 - Conflict Or Bias

(1) No Board member shall be entitled to vote or otherwise participate in any hearing or disciplinary matter if the Board member is personally biased for or against the respondent or when such voting or participation would violate the provisions of the Alabama Administrative Procedures Act, Section 18(a).

(2) Any party in a hearing or respondent in a disciplinary action who wishes to assert bias or conflict may do so by filing with the Executive Director at least three days before the scheduled hearing a suggestion of disqualification and a supporting affidavit setting forth the factual basis for the suggestion.

(3) The Board or hearing officer shall consider the suggestion of disqualification on the record as a preliminary matter at the hearing before any other question is decided.

Authors: David R. Boyd, Dorman Walker, Lois Woodward, Kathy Perry Brasfield

Ala. Admin. Code r. 465-X-5-.11

Filed: March 22, 1993. New Rule: Filed: May 12, 1993, effective June 16, 1993. Amended: Filed May 6, 2002; effective June 10, 2002.

Statutory Authority:Code of Ala. 1975, §§ 34-14A-11, 41-22-18(a).