Section 5111 - Disqualification of Board Member(a) A board member is subject to disqualification in a proceeding on the following grounds: (i) for bias, prejudice, or interest in the proceeding as defined by Government Code section 11425.40;(ii) for receipt of an impermissible ex-parte communication under rule 5110, the effect of which cannot be eliminated under that rule; or(iii) to maintain the separation of the adjudicative function from the investigative, prosecutorial, and advocacy functions as required by Government Code section 11425.30; or(iv) for any of the grounds specified in Code of Civil Procedure section 170.1.(b) A board member who is subject to disqualification shall voluntarily disqualify himself or herself from a proceeding, unless all parties waive the disqualification. A disqualification may not be waived if it is for bias or prejudice, if the member has been a material witness concerning the proceeding, if the disqualification is required by Government Code section 11425.30, or if waiver is otherwise prohibited by law.(c) A party may apply for disqualification of a board member by filing and serving, within 10 days after service of a board appeal or notice of removal, an affidavit specifying the grounds upon which it is claimed that the board member is subject to disqualification. A board member is disqualified from a proceeding if it is determined upon such an application that the board member is subject to disqualification. The application shall be decided by the other members of the board acting as a whole. If a member of a panel to whom a case is assigned withdraws or is disqualified, the chairperson shall assign another member to the panel.Cal. Code Regs. Tit. 22, § 5111
1. Amendment filed 4-5-77; effective thirtieth day thereafter (Register 77, No. 15).
2. Amendment filed 7-21-78; effective thirtieth day thereafter (Register 78, No. 29).
3. Repealer of former section 5111 and renumbering of former section 5118 to section 5111, including amendment of section heading, section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
4. Amendment of subsection (a)(ii) filed 2-1-2023; operative 4-1-2023 (Register 2023, No. 5). Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
1. Amendment filed 4-5-77; effective thirtieth day thereafter (Register 77, No. 15).
2. Amendment filed 7-21-78; effective thirtieth day thereafter (Register 78, No. 29).
3. Repealer of former section 5111 and renumbering of former section 5118 to section 5111, including amendment of section heading, section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
4. Amendment of subsection (a)(ii) filed 2-1-2023; operative 4/1/2023 (Register 2023, No. 5).