§ 962.16. (Rule 16) Disqualification of reviewing official or presiding official.
148 words·~1 min read·
/us/cfr/t39/s§ 962.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If a Respondent believes, in good faith, that the Reviewing Official should be disqualified because of personal bias, or other reason, the Respondent may file a timely and sufficient affidavit with supporting evidence. If the Presiding Officer finds that the allegations concerning the Reviewing Official are meritorious, the Presiding Officer may disqualify the Reviewing Official and request the appointment of a new Reviewing Official.
(b)If a Respondent believes, in good faith, that the Presiding Official should be disqualified because of personal bias, or other reason, the Respondent may file a timely and sufficient affidavit with supporting evidence. Where a Respondent seeks to disqualify a Presiding Officer, the Presiding Officer may do so at any time during the proceeding.
(c)If a Reviewing Official or Presiding Officer withdraws from a hearing, the proceeding will be stayed until the assignment of a new Reviewing Official or Presiding Officer.