Ala. Admin. Code r. 335-2-1-.19

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

Section 335-2-1-.19 - Mandatory Recusal

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

(2) Any party to a hearing contesting an administrative action of the Department may file a timely motion to compel the recusal of any member of the Commission 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 or personal bias. The Commission shall determine the matter as part of the record of the hearing; however, the Commission member against whom conflict of interest or personal bias is asserted, shall recuse himself or herself from such determination.

Authors: David A. Ludder, Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.19

Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.