Ala. Admin. Code r. 305-7-7-.22

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-7-7-.22 - Mandatory Recusal

(1) Any Commission member who was not present at a hearing to contest an administrative action or who has not read the record, including a transcript of all testimony or comments given in a hearing and contained in the Hearing Officer's report, shall recuse themselves from voting to issue any order modifying, approving, or disapproving such administrative action and from participating in any discussions with other Commission members concerning the issuance of any such order.

(2) Any party to a hearing contesting an administrative action may file a timely motion to compel the recusal of any Commission member from voting to issue an order modifying, approving, or disapproving such administrative action, or to disqualify a Hearing Officer from conducting a hearing contesting such administrative action. Such motion shall be supported by a sufficient affidavit, made on personal knowledge, asserting conflict of interest, personal bias, or other matters contained in these Rules. The Commission shall determine the matter as part of the record of the hearing; however, the Commission member against whom conflict of interest, personal bias, or disqualification is asserted, shall recuse themselves from such determination.

Author: Walter B. Stevenson, Jr.

Ala. Admin. Code r. 305-7-7-.22

Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Statutory Authority:Code of Ala. 1975, § 9-10B-18.