Section R671-309-2 - Recusal(1) A "hearing official" is a Board member, a Board member pro tempore, or a hearing officer.(2) A hearing official may be recused in any proceeding in which the hearing official's impartiality might reasonably be questioned, including but not limited to, the following circumstances: (a) has a personal bias or prejudice concerning a party or a party's lawyer;(b) is or could have been a witness or victim in any matter relating to the offender;(c) has a familial, financial, or other relationship with anyone involved in the case that might reasonably be seen as a bias.(d) where the hearing official has information about the case that does not appear in the file; and(e) served as a lawyer, judge, agent, or caseworker in any previous matter with the offender.(3) In cases where a clear basis for recusal exists the hearing official will document the recusal in the file and reassign the case before the hearing is conducted.(4) If the conflict is not recognized before the hearing or the basis for recusal is minimal, the hearing official shall disclose the basis of the potential recusal to the offender. If the offender waives the recusal and agrees that the hearing official need not be disqualified, the hearing official may conduct the proceeding. The offender's waiver shall be entered on the record and memorialized in the case file.(5) If the offender believes the hearing official or any Board member should be recused, the offender shall raise the issue any time before or during the hearing. (a) The offender may waive the recusal and continue with the hearing as prescribed in Subsection (2).(b) If the offender requests the recusal of the hearing official or Board member who is conducting the hearing, the hearing official or Board member will rule on the issue. If the hearing official or Board member denies the recusal and proceeds with the hearing, the offender may appeal to the Board Chair or designee. The offender must clearly describe, in writing, the basis for recusing the hearing official and the requested remedy. If the offender does not appeal the issue within ten calendar days after the hearing official denies the recusal, the appeal is waived.(6) The offender may request the recusal of a Board member from the voting process based on any factors in Subsection (1). (a) If the offender requests the recusal of a Board member who is not conducting the hearing, the hearing official will document the request. The Board will make a decision about the recusal before considering the case.(b) If the offender does not raise the issue of recusal within ten calendar days after the Board renders a decision the claim is waived.(7) If a staff member of the Board meets the requirements of Subsection (2), that staff member shall declare the conflict, and the staff member's supervisor shall reassign the task to another staff member.Utah Admin. Code R671-309-2
Amended by Utah State Bulletin Number 2014-24, effective 11/24/2014Amended by Utah State Bulletin Number 2024-20, effective 10/10/2024