§ 1264.115. Disqualification of reviewing official or presiding officer.
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/us/cfr/t14/s§ 1264.115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A reviewing official or presiding officer in a particular case may disqualify himself or herself at any time.
(b)A party may file with the presiding officer a motion for disqualification of a reviewing official or a presiding officer. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification.
(c)Such motion and affidavit shall be filed promptly upon the party's discovery of reasons for disqualification, or such objections shall be deemed waived.
(d)Such affidavit shall state specific facts that support the party's belief that personal bias or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith.
(e)Upon the filing of such a motion and affidavit, the presiding officer shall proceed no further in the case until the matter of disqualification is resolved in accordance with paragraph
(f)of this section. (f)(1) If the presiding officer determines that a reviewing official is disqualified, the presiding officer shall dismiss the complaint without prejudice.
(2)If the presiding officer disqualifies himself or herself, the case shall be reassigned promptly to another presiding officer.
(3)If the presiding officer denies a motion to disqualify, the authority head may determine the matter only as part of his or her review of the initial decision upon appeal, if any.