R.C.S.A. § 31-237g-45
Disqualification of Board members; assignment of alternative members
Cite as Conn. Agencies Regs. § 31-237g-45
(Statutory reference: 31-237f; P.A. 87-468)
(a) A Board member shall voluntarily disqualify himself and withdraw from participating
in any proceeding or decision on an appeal before the Board if such member has any
direct or indirect interest in such appeal.
(b) A challenge to the interest of any Board member may be made by any party to the proceeding,
or the attorney or authorized agent for such party, by a written petition which should
(1) be prepared and filed with the Board in accordance with Section 31-237g-10 (a)
of these regulations; (2) be entitled "Challenge to the Interest of a Member of the
Employment Security Board of Review"; and (3) state the grounds for such challenge.
Unless the challenge is terminated by voluntary disqualification, upon receipt by
the Board of Review of such a petition, the Board shall mail the original petition
to the clerk of the appropriate Superior Court and shall mail copies of such petition
to each other party to the proceeding. Such challenge may be claimed for short calendar
and shall be decided by the Superior Court. If the challenge is upheld, the Administrator
shall so advise the Governor, and the Governor shall, in accordance with Section 31-237f
of the Connecticut General Statutes, assign an alternate member appointed pursuant
to Section 31-237c of the Connecticut General Statutes, provided the Staff Assistant
shall, as Acting Chairman, substitute for the Chairman. Until such challenge is withdrawn,
decided or otherwise terminated in accordance with this section, no proceedings shall
occur at the Board with regard to such file.
(c) Whenever a Board member is disqualified pursuant to subsection (a) or (b) of this
section, an alternate Board member, appointed pursuant to Section 31-237c of the Connecticut
General Statutes and Section 31-237g-2(b) of these regulations, shall serve in place
of such Board member.