24.7.308    BOARD MEMBER DISQUALIFICATIONS

(1) No member of the board shall participate in the review proceeding of any appeal in which the member has an interest nor shall any such member appeal in which the member has an interest nor shall any such member represent any interested party or witness at any board proceeding.

(2) Any interested party may challenge any member of the board in writing by filing with the board a motion, supported by affidavit, made in good faith, of personal bias, lack of independence, disqualification by law, or other ground of disqualification allowed by law.  The motion must be filed five days prior to any related scheduled board action. Following the filing of such motion and a reasonable period of time for an opposing party to comment upon it, the board shall either enter an order of recusal or decline the member's disqualification.

History: 2-4-201, MCA; IMP, 2-4-201, 2-15-1704, MCA; Eff. 12/31/72; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22.