24.9.117 DISQUALIFICATION OF A MEMBER OF THE COMMISSION
(1) A party may disqualify a member of the commission from presiding over any matter governed by these rules only upon an affirmative showing, made in good faith, of personal bias, a lack of independence, disqualification by law or other ground for disqualification allowed by law.
(2) A party seeking to disqualify a member of the commission may do so only upon the filing of a motion which is supported by a sufficient affidavit showing the particular facts and matters which constitute good cause for disqualification under (1). The party must file the motion and affidavit within ten days of service of the notice of objection or appeal.
(3) Following the filing of a motion and affidavit of disqualification and a reasonable period of time for an opposing party to comment upon it, the commission shall either enter an order of recusal or decline the member's disqualification. That order must specify the particular facts and grounds upon which it is based.
(4) The question of disqualification shall be determined by a quorum of the commission, which may include the member of the commission to be disqualified if his or her participation is required to constitute a quorum or decide the matter.
(5) A member of the commission may make an order or give a notice of recusal or self-disqualification at any time.
History: 49-2-204, 49-3-106, MCA; IMP, 2-4-611, 49-2-204, 49-2-205, 49-3-315, MCA; NEW, 1998 MAR p. 3201, Eff. 12/4/98; TRANS, from 24.9.1711, and AMD, 2008 MAR p. 2636, Eff. 12/25/08.