§ 68.30. Disqualification.
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/us/cfr/t28/s§ 68.30·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When an Administrative Law Judge deems himself or herself disqualified to preside in a particular proceeding, such judge shall withdraw therefrom by notice on the record directed to the Chief Administrative Law Judge.
(b)Whenever any party shall deem the Administrative Law Judge for any reason to be disqualified to preside, or to continue to preside, in a particular proceeding, that party shall file with the Administrative Law Judge a motion to recuse. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Administrative Law Judge shall rule upon the motion.
(c)In the event of disqualification or recusal of an Administrative Law Judge as provided in paragraph
(a)or
(b)of this section, the Chief Administrative Law Judge shall refer the matter to another Administrative Law Judge for further proceedings.
(d)In the event of disqualification or recusal of the Chief Administrative Law Judge as provided in this section, the Chief Administrative Hearing Officer shall refer the matter to another Administrative Law Judge for further proceedings.
(e)The disqualification procedures in this section apply to reviews by the Chief Administrative Hearing Officer conducted under § 68.53 or § 68.54. In the event of disqualification or recusal of the Chief Administrative Hearing Officer as provided in this section, the review shall be referred to the Director for further proceedings. For a case referred to the Director under this paragraph (e), the Director shall exercise delegated authority from the Attorney General identical to that of the Chief Administrative Hearing Officer as described in § 68.53 or 68.54. \[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 50053, Oct. 3, 1991, and amended by AG Order No. 4840-2020, 85 FR 63208, Oct. 7, 2020\]
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§ 68.30
Disqualification.
Fed. Reg.×3
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