Title 505:1-7-14 to Title 505:1-7-15

Title 505:1-7-14 Requests for disqualification

Requests for the disqualification of a member or members of the Board in an individual proceeding shall be embodied in an affidavit, stating with particularity the grounds alleged therefor. Such requests must be filed prior to the commencement of the hearing unless it is made to appear in the affidavit that the ground of disqualification was not previously known and that the application has been made promptly upon discovery. Upon the filing of such affidavit, the President of the Board or the Executive Director, if the affidavit is filed against the President, shall set the matters for the hearing at the earliest date at which the Board can be convened giving notice thereof personally or by telephone to the party or his counsel. The Board, or those members thereof qualified to sit at the hearing, shall take evidence and make prompt decisions. In the event the disqualification is sustained or in the event of a mandamus requiring disqualification, the hearing shall be continued to such time as is necessary for the appointment of members pro tem to proceed with the matters, and due notice of the continuance shall be given to all parties.

Title 505:1-7-15 Rehearing, reopening or reconsideration

A petition for rehearing, reopening or reconsideration of a final order in an individual proceeding must be filed with the Executive Director within ten (10) days from the entry of the order. It must be signed by the party or his attorney, and must set forth with particularity such of the statutory grounds upon which it is based. However, a petition based upon fraud practiced by the prevailing party or upon procurement of the orders by perjured testimony or fictitious evidence may be filed at any time. All petitions for rehearing, reopening, or reconsideration will be considered and ruled upon as soon as the convenient conduct of the Board’s business will permit.

Last Modified on Jan 26, 2025