California Code of Regulations
Title 4 - Business Regulations
Division 1.1 - Alcoholic Beverage Control Appeals Board
Article 9 - Disqualification of Board Members
Section 200 - Disqualification of Board Members
A Board member shall voluntarily disqualify himself/herself and withdraw from any case in which such person cannot accord a fair and impartial hearing. Any party may request the disqualification of any member by filing an affidavit before the submission of the case stating with particularity the grounds upon which it is claimed that a fair and impartial appeal cannot be accorded by a Board member. The issue raised by the request shall be determined by the other members of the Board. No member of the Board shall withdraw voluntarily, or be subject to disqualification, if this would prevent the Board from acting in the particular case. The affidavit shall become a part of the record.
1. Renumbering of
Article 8 to Article 9 and former Article 9 to Article 10 and amendment of Section
200 filed 2-19-82; effective thirtieth day thereafter (Register 82, No.
8).
2. Change without regulatory effect amending section filed 12-8-2020
pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 50). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section 23077, Business and Professions Code; and Article XX, Section 22, California Constitution. Reference: Section 23075, Business and Professions Code; Article XX, Section 22, California Constitution; and Fed. Construction Co. v. Curd, 179 C. 489, 177 P. 469.
