(a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a party in connection with that case, the specific controversy underlying that case, or another pending factually related contested case, or pending factually related controversy that may culminate in a contested case involving the same parties. Nor shall any such individual be subject to the authority, direction or discretion of any person who has prosecuted or advocated in connection with that contested case, the specific controversy underlying that contested case, or a pending factually related contested case or controversy, involving the same parties.
(b) A party to a contested case proceeding may file a timely and sufficient affidavit asserting disqualification according to the provisions of subsection (a) or asserting personal bias of an individual participating in the making of any proposed order or final decision in that case. The agency shall determine the matter as part of the record in the case. When an agency in these circumstances makes such a determination with respect to an agency member, that determination shall be subject to de novo judicial review in any subsequent review proceeding of the case.
Structure Code of Alabama
Chapter 22 - Administrative Procedure.
Section 41-22-1 - Short Title.
Section 41-22-3 - Definitions.
Section 41-22-5.2 - Review of Existing Rules.
Section 41-22-6 - Designation and Duties of Agency Secretaries; Effective Dates of Rules.
Section 41-22-13 - Rules of Evidence in Contested Cases.
Section 41-22-14 - Intervention in Contested Cases.
Section 41-22-19 - Grant, Denial, Renewal, etc., of Licenses.
Section 41-22-21 - Appeal of Final Judgment of Circuit Court Under Section 41-22-20.
Section 41-22-22 - Joint Committee on Administrative Regulation Review.
Section 41-22-24 - Reconsideration of Disapproved Rules by the Legislature.
Section 41-22-25 - Construction and Applicability of Chapter.