Section R151-4-306 - Recusal or Motion to Disqualify a Board or Commission Member(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.Utah Admin. Code R151-4-306
Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024