Sec. 10.31.01.03. Recusal of Board Members

A. Standards for Recusal.

(1) A Board member shall recuse himself or herself from board proceedings which involve situations in which the board member:

(a) Has a conflict of interest; or

(b) Cannot participate fairly and impartially.

(2) Personal familiarity with a respondent does not, of itself, require recusal of a board member.

B. Board Counsel Advice. A board member may seek the advice of the board's counsel in determining the need for recusal on a specific matter.

C. Requirements Following Recusal.

(1) The board member who is recused from a matter before the board may not:

(a) Participate in the board's discussion or vote on the matter; or

(b) Discuss the matter with other members of the board or discuss the board's review of the matter with other individuals.

(2) If the matter before the board is a disciplinary matter, the board member who is recused shall physically leave the room to ensure nonparticipation.

(3) The board shall document the recusal of the board member in the minutes of the board meeting.

D. Complaint Against a Board Member.

(1) A board member against whom a complaint is filed shall follow §C of this regulation for all discussion and voting concerning the complaint filed against the board member.

(2) If the board determines that there is an additional matter before the board which is reasonably related to the complaint filed against the board member, the board member against whom the complaint is filed shall follow §C of this regulation for the additional matter also.

(3) If, after investigation of the complaint, the board refers the case to the Attorney General's Office, the board member shall recuse himself or herself from all board activities until the final disposition of the case.

E. Liaison.

(1) A board member may not serve as a liaison on a complaint in which the board member has a conflict of interest.

(2) A board member who serves as the liaison on a specific complaint may:

(a) Participate in discussion of the complaint;

(b) Vote on the decision regarding charges based on the complaint; and

(c) Participate in the case resolution conference for the complaint.

(3) A board member who serves as the liaison on a specific complaint may not:

(a) Participate in a hearing on the complaint conducted by the board; or

(b) Participate in the discussion or vote on the complaint following the hearing conducted either by the board or by the Office of Administrative Hearings (OAH) through authority delegated from the board.