§ 26.35. Disqualification of ALJ.
98 words·~1 min read·
/us/cfr/t24/s§ 26.35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An ALJ in a particular case may disqualify himself or herself.
(b)A party may file with the ALJ a motion for the ALJ's disqualification. The motion shall be accompanied by an affidavit alleging the grounds for disqualification.
(c)Upon the filing of a motion and affidavit, the ALJ shall proceed no further in the case until the matter of disqualification is resolved.
(d)If the ALJ does not withdraw from the proceedings, a written statement of his or her reasons for electing not to withdraw shall be incorporated into the record and the hearing shall proceed.