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(1) Either a board member or an interested party may seek to disqualify a board member from reviewing an appeal proceeding.  

(2) A board member must be disqualified from the review of an appeal proceeding if:

(a) that member's private interest would conflict with their public duty;

(b) it is an appeal of that member's unemployment insurance matter; or

(c) that member represents any interested party or witness at that board proceeding.

(3) Any interested party seeking to disqualify a board member from reviewing an appeal proceeding must, within five business days, file a written motion made in good faith, along with a supporting affidavit. The motion must include the reason the filing party believes the member should be disqualified and any evidence to support the included reasons.  

(a) The interested party seeking disqualification must send the motion and affidavit to all other interested parties' address(es) of record at least five business days before any related scheduled board proceeding.  

(b) If the interested party seeking disqualification fails to follow the requirements of this rule, the board will dismiss the motion.  

(c) If the interested party not seeking disqualification does not file a response to the motion and send it to both the board and the other party at least two calendar days before the scheduled proceeding, the party not seeking disqualification waives the opportunity to provide a response.  

(d) When the board receives the filed motion, supporting affidavit, and any written response, it will consider the motion to challenge a board member at the scheduled board proceeding and either enter an order of recusal or decline the member's disqualification. 

(e) Filings under this rule must comply with ARM 24.7.304.

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; AMD, 2024 MAR p. 727, Eff. 4/13/24.

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