- (a) Upon his or her own initiative, or upon the motion of any party, a board member shall for good cause recuse himself or herself from participation in any hearing.
(b) “Good cause” shall exist if a board member:
- (1) Has a direct interest in the outcome of a proceeding including situations where the appeal involves something in which the board member has a financial interest, or someone with whom the board member has a close personal or family relationship;
- (2) Personally believes that he or she cannot fairly judge the facts of a case; or
- (3) Would create the appearance of impropriety if the board member participates.
- (c) Mere knowledge of the issues, the parties, or any witness shall not constitute good cause for recusal.
- (d) In the event of a dispute as to whether good cause exists to require a recusal, the question shall be decided by 2 board members not subject to the recusal action.
Source. #10394, eff 8-9-13