Current through Reg. 49, No. 38; September 20, 2024
(a) Permissive
Recusal. At any meeting of the board or board committee, a board member may
choose to be recused from participating and voting regarding any matter for any
reason. The board member shall not be required to state the basis for recusal,
but may choose to state the basis in general terms if such a statement will not
prejudice the rights of any party to a fair proceeding before the board or
committee of the board. In the event a board member discloses a basis for
recusal which could potentially prejudice the rights of any party to a fair
proceeding, the presiding officer of the board or committee may cure any such
prejudice by an instruction to board or committee members to not consider the
statement during the course of the proceeding or during deliberations or
discussions related to the proceeding.
(b) Standards for Recusal.
(1) A board member should exercise sound
discretion in choosing to be recused from participation and voting regarding
any matter.
(2) A board member
should choose to be recused if the board member:
(A) has a direct financial interest or
relationship with any matter, party, or witness that would give the appearance
of a conflict of interest;
(B) has
a familial relationship within the third degree of affinity with any party or
witness; or
(C) determines that
he/she has knowledge of information that is not in the administrative record of
a contested case and that he/she cannot set aside that knowledge and fairly and
impartially consider the matter based solely on the administrative
record.
(3) The fact
that a board member participated in an ISC, a temporary suspension, or any
other matter regarding a respondent shall not require the board member to be
recused from any other matter, unless the board member determines that he or
she cannot set aside knowledge of any information that is not in the
administrative records and fairly and impartially consider the matter based
solely on the administrative record.
(c) Motion for Disqualification by a Party.
(1) Any party may move for the
disqualification of a board member stating with particularity why the board
member should not sit. The motion shall be made on personal knowledge, shall
set forth such facts as would be admissible in evidence, and shall be verified
by affidavit.
(2) The motion must
be filed with the Hearings Coordinator of the Board at least five business days
prior to a board meeting at which the matter is on the agenda. The Hearings
Coordinator shall immediately send a copy of the Motion for Disqualification to
all board members.
(3) The board
member sought to be disqualified shall determine whether the motion raises
valid issues and whether the board member can fairly and impartially consider
the matter based solely on the administrative record, setting aside knowledge
of any information that is not in the administrative record. If the board
member determines that he/she can fairly and impartially consider the matter
and chooses not to be recused, the board member shall inform the board of that
decision and shall be allowed to participate in all discussion and voting
regarding the matter. The board is not required to take a vote on the
motion.
(4) Consent to
Participation. Failure to timely file a Motion for Disqualification regarding
any board member as provided for in this subsection shall constitute a waiver
of any objection and consent to participation by the member.
(d) Upon exercising the right to
be recused and announcement of the recusal in open session, any board member so
recused shall be allowed to remain in the room during any portion of the
related proceeding and shall be counted for purposes of determining a quorum,
but shall not participate in any discussions, questioning, deliberations, or
vote pertaining to the proceeding.
