- (1) Board members shall recuse themselves from participation in any matter:
- (a) in which they, or a member of their family (as defined in the Alabama Ethics Act) are an officer, owner, partner, board of director member, employee, or holder of more than five percent of the fair market value of an applicant or an opposing party or otherwise have a financial interest in one of the parties or the outcome of the case; See: Code of Ala. (1975), §36-25-1(2);
- (b) have represented a party in the present case or another pending case that is factually similar; See: Code of Ala. (1975), §41-22-18(a);
- (c) are an employee or otherwise under the authority of one of the lawyers or other individuals advocating for or against a project; See: Code of Ala. (1975), §41-22-18(a).
- (2) Nothing in this section shall preclude a Board member from electing to recuse himself or herself based on a relationship with a party not covered under (a) through (c) which, in the sole judgment of the Board member, would prevent the member from exercising fair and impartial judgment.
- (3) Any challenge to a Board member’s participation based on the aforementioned criteria shall be filed within the time set for the filing of motions as established by the hearing officer. Any such challenge shall be accompanied by an affidavit(s) stating with specificity the basis for the alleged conflict or bias.
Author: Alabama Board of Court Reporting
Statutory Authority: Code of Ala. 1975, §§34-8B-1 thru 34-8B-18.
History: New Rule: Filed October 19, 2018; effective December 3, 2018. Amended: Published February 28, 2025; effective April 14, 2025.