Md. Code Regs. 10.27.23.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.27.23.03 - Recusal of Board Members

A. Standard for Recusal.

(1) A Board member shall recuse himself or herself from Board proceedings which involve situations in which the Board member:

(a) Has a conflict of interest; or

(b) Cannot participate fairly and impartially.

(2) Personal familiarity with a respondent does not, of itself, require recusal of a Board member.

(3) A Board member may seek advice of the Board's counsel in determining the need for recusal on a specific matter.

B. Recusal.

(1) The Board member who is recused from a matter before the Board, may not:

(a) Participate in the Board's discussion or vote on the matter; or

(b) Discuss the matter or the Board's review of the matter with members of the Board or other individuals.

(2) If the matter before the Board is a disciplinary matter, the Board member who is recused shall physically leave the room to ensure nonparticipation.

(3) The Board shall document the recusal of the Board member in the minutes of the Board meeting.

C. Recusal for Complaint Against a Board Member.

(1) A Board member against whom a complaint is filed shall follow §B of this regulation for all discussion and voting concerning the complaint filed against the Board member.

(2) If the Board determines that there is an additional matter before the Board which is reasonably related to the complaint filed against the Board member, the Board member against whom the complaint is filed shall follow §B of this regulation for the additional matter also.

(3) If, after investigation of the complaint, the Board refers the case to the Attorney General's Office, the Board member shall recuse himself or herself from all Board activities until the final disposition of the case.

Md. Code Regs. 10.27.23.03