Current through Bulletin 2024-06, March 15, 2024
(1) A board or
commission member may self recuse at any time from participation in an action
before the board or commission, even if a party to the action has not requested
the member's recusal or filed a motion to disqualify the member.
(2)
(a) A
party to an action before a board or commission may file a motion to disqualify
a board or commission member. The motion shall be accompanied by a certificate
that the motion is filed in good faith and shall be supported by an affidavit
or unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn
Declarations Act stating facts sufficient to show bias, prejudice, or conflict
of interest.
(b) The party shall
file the motion after commencement of the action, but no later than 21 days
after the last of the following:
(i) the date
of service of the action or hearing on the respondent;
(ii) the date the moving party knew or should
have known of the grounds upon which the motion is based; or
(iii) if the last event occurs fewer than 21
days before a hearing, the motion shall be filed as soon as
practicable.
(c) No party
may file more than one motion to disqualify in an action, unless the second or
substitute motion is based on grounds that the party did not know of and could
not have known at the time of the earlier motion.
(d) If timeliness of the motion is determined
under Subsection (2)(b)(ii) or (2)(c), the affidavit or declaration supporting
the motion shall state when and how the party came to know of the reason for
disqualification.
(3)
Within seven days of receipt of the motion by the presiding officer, the
presiding officer shall provide a copy of the motion to the board or commission
member who is the subject of the motion.
(4)
(a) The
decision on a motion to disqualify a board or commission member shall be made
by the presiding officer, and a written decision is not necessary.
(b) The division or moving party may not
subject the board or commission member to questioning or examination on the
motion, but the presiding officer or the board or commission may question the
member verbally or in writing before issuing a decision on the
motion.
(5) A recused or
disqualified board or commission member may not participate with fellow board
or commission members in the action and is prohibited from voting on the
action.
(6) A decision on a motion
to disqualify a board or commission member is not subject to an interlocutory
appeal or agency review.
(7) This
section does not apply to any adjudicative proceedings under Title 13, Chapter
14, New Automobile Franchise Act, or Title 13, Chapter 35, Powersport Vehicle
Franchise Act.
