Md. Code Regs. 10.44.07.34

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

Section 10.44.07.34 - Recusal in Board Proceedings

A. A Board member or the Dental Compliance Officer may not participate in an investigation or a proceeding in which the impartiality of the Board member or Dental Compliance Officer might reasonably be questioned, including, but not limited to those investigations or proceedings in which the Board member or Dental Compliance Officer has or appears to have:

(1) A personal bias or prejudice concerning a party; or

(2) Personal knowledge of disputed evidentiary facts obtained outside the administrative or disciplinary process.

B. Participation by a Board member or Dental Compliance Officer in an investigation, disciplinary review committee, case resolution conference, or other administrative proceeding involving a respondent or applicant is not a basis for recusal in a contested case unless the Board member or Dental Compliance Officer has:

(1) A personal bias or prejudice concerning a party; or

(2) Personal knowledge of disputed evidentiary facts obtained outside the administrative or disciplinary process.

C. A Board member or the Dental Compliance Officer may make a voluntary determination to recuse oneself from further proceedings in a case.

D. A respondent who seeks recusal of one or more Board members shall name the Board member or members the respondent seeks to have recused and state with specificity on the record the reasons why the Board member or members should be recused. The Board may deliberate on the issue of recusal of the Board member or Board members and shall state its finding on the record.

Md. Code Regs. 10.44.07.34