Okla. Admin. Code § 35:1-9-20

Current through Vol. 42, No. 4, November 1, 2024

Section 35:1-9-20 - Requests for disqualifications

(a) Requests for the disqualification of a member or members of the Board shall be embodied in an affidavit stating with particularity the grounds alleged therefore. Any request shall be filed prior to the commencement of the hearing unless it is made to appear in the affidavit that the ground of disqualification was not previously known and that the application has been made promptly upon discovery.

(b) Upon the filing of the affidavit, the President of the Board or the Executive Secretary, if the affidavit is filed against the President, shall set the matters for hearing at the earliest date at which the Board can be convened, giving notice thereof personally or by telephone to the party or his counsel.

(c) The Board, or those members thereof qualified to sit at the hearing, shall take evidence and make prompt decisions. In the event the disqualification is sustained or in the event of a mandamus requiring disqualification, the hearing shall be continued to such time as is necessary for the appointment of members pro tem to proceed with the matters, and due notice of the continuance shall be given to all parties.

(d) Requests for disqualification of an Administrative Law Judge shall follow the same procedure as that for disqualification of a member of the Board, however, the Commissioner shall take evidence and make prompt decisions, rather than the Board.

Okla. Admin. Code § 35:1-9-20

Amended at 25 Ok Reg 1779, eff 7-1-08