Conflict And Bias

150-X-1-.07 Conflict And Bias.

(a) No Board member shall be entitled to participate I any hearing held before the Board in accordance with Code of Ala. 1975, §34-4-29(d) or vote in such a hearing if the Board member has a disqualifying conflict or bias against the respondent or if such participation or vote would violate the provisions of the Alabama Administrative Procedure Act, Section 41-22-18(a), Code of Ala, 1975.

(b) Any respondent in a disciplinary action who wishes to assert bias or conflict regarding a Board member’s participation or vote may do so by filing an affidavit asserting the disqualification, together with a statement of the underlying factual basis for the assertion, with the Executive Director at least three days prior to the scheduled hearing.

(c) The board shall consider the assertion of disqualification on the record as a preliminary matter at the hearing before any other action is initiated.

Revised 6/13/22 1-10

Author: Dana Billingsley Statutory Authority: Code of Ala. 1975, §34-4-1. History: New Rule: Filed July 12, 1995; effective August 16, 1995. Amended (Rule Number Only): Filed July 24, 2007; effective August 28, 2007. Repealed: Filed January 21, 2009; effective February 25, 2009. New Rule: Filed July 21, 2015; effective August 25, 2015.

Ed. Note: Rule .08 was renumbered to .07 as per certification filed July 24, 2007; effective August 28, 2007.