Ala. Admin. Code r. 480-1-4-.03

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

Section 480-1-4-.03 - Duties And Disqualifications Of Hearing Officers

(1)Duties. A Hearing Officer shall perform all duties generally required of an administrative hearings officer incidental to the conducting of assigned hearings and issuing decisions thereon.

(2)Disqualifications. No Hearing Officer shall perform duties relative to the conduct of hearings or making any decisions and shall withdraw from those cases where:

(a) The Hearing Officer has had any direct participation in the decision appealed from.

(b) The Hearing Officer has personal knowledge of disputed evidentiary facts concerning the proceeding.

(c) The Hearing Officer, spouse, or minor child or any person directly related to either has a pecuniary interest in the outcome of the proceeding.

(d) The Hearing Officer or spouse is directly related to a party to the proceeding or an officer, director or trustee of a party to the proceeding, or the representative of any party.

(e) The Hearing Officer, spouse or any person directly related to either is likely to be a witness in the proceeding.

(f) The Hearing Officer has any other bias, interest or prejudice which would impair an impartial hearing and decision.

(3)Motions for Disqualification. Interested parties to a proceeding may challenge the partiality, bias, interest or prejudice of the Hearing Officer. Such a challenge shall be made by a motion for disqualification. Such a motion shall be supported by appropriate affidavits asserting the basis for disqualification. The motion may be ruled upon ex parte by the Hearing Officer or by the Director of the Hearings and Appeals Division or his/her designee or in the alternative, a hearing may be scheduled upon the motion. Notice of a ruling on the motion shall be given to the parties at interest. Disqualification shall not occur unless partiality, bias, interest or prejudice is affirmatively shown.

Ala. Admin. Code r. 480-1-4-.03

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 8/26/2019.

Authors: George Cocoris, C. Lamon Till, Venessa Watkins

Statutory Authority:Code of Ala. 1975, § 25-2-8.