- (a) No Board member shall be entitled to participate I any hearing held before the Board in accordance with Code of Ala. 1975, §34-4-29(d) or vote in such a hearing if the Board member has a disqualifying conflict or bias against the respondent or if such participation or vote would violate the provisions of the Alabama Administrative Procedure Act, Section 41-22-18(a), Code of Ala. 1975.
- (b) Any respondent in a disciplinary action who wishes to assert bias or conflict regarding a Board member’s participation or vote may do so by filing an affidavit asserting the disqualification, together with a statement of the underlying factual basis for the assertion, with the Executive Director at least three days prior to the scheduled hearing.
- (c) The board shall consider the assertion of disqualification on the record as a preliminary matter at the hearing before any other action is initiated.
Author: Dana Billingsley
Statutory Authority: Code of Ala. 1975, §34-4-1.
Editor’s Note: Rule .08 was renumbered to .07 as per certification filed July 24, 2007; effective August 28, 2007.
History: New Rule: Filed July 12, 1995; effective August 16, 1995. Amended (Rule Number Only): Filed July 24, 2007; effective August 28, 2007. Repealed: Filed January 21, 2009; effective February 25, 2009. New Rule: Filed July 21, 2015; effective August 25, 2015.