- (1) A party to any formal action or contested case who intends to assert bias or conflict on the part of any hearing officer appointed by the Commissioner must do so by filing an affidavit and suggestion of disqualification together with the underlying factual basis for the assertion. The affidavit and suggestion of disqualification must be received by the Commissioner at least three (3) days before the scheduled hearing. In the absence of actual or constructive bias or prejudice, the failure to timely file an affidavit and suggestion of disqualification shall be deemed a waiver of such grounds as error in any appeal.
- (2) The hearing officer shall consider the assertion of disqualification on the record as a preliminary matter at the hearing before any other question is decided.
Author: Alabama Board of Rehabilitation Services
Statutory Authority: Code of Ala. 1975, §§21-9-9; 41-22-18.
History: New Rule: Filed April 13, 1995; effective May 18, 1995. Repealed and New Rule: Published March 31, 2022; effective May 15, 2022.