22.10.080 Disqualifications

(a) No Hearing Officer is qualified to hear or decide a contested case involving the personal interests of the Officer or of a person in the immediate family of the Officer. Immediate family in this context shall mean a spouse or former spouse or any person related by blood, marriage or adoption to the officer in the first or second degree.

(b) On the filing by a party in good faith of a timely and sufficient affidavit of personal bias, disqualification by law, or other disqualification of the Senior Hearing Officer, the Alternate Hearing officer shall fill the place and duties of the Senior Hearing Officer at a Hearing. The affidavit must state the facts and reasons for the belief that the Senior Hearing Officer should be disqualified and must be filed with the Senior Hearing Officer not less than 10 days before the first Hearing in a contested case. The Alternate Hearing officer may be similarly disqualified. If both Hearing Officers are disqualified, the Tribal Council shall appoint a Temporary Hearing Officer as provided in Section 22.10.050.