Goto Section: 1.244 | 1.246 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.245 Disqualification of presiding officer.
Link to an amendment published at 85 FR 63176 , Oct. 6, 2020.
(a) In the event that a presiding officer deems himself disqualified
and desires to withdraw from the case, he shall notify the Commission
of his withdrawal at least 7 days prior to the date set for hearing.
(b) Any party may request the presiding officer to withdraw on the
grounds of personal bias or other disqualification.
(1) The person seeking disqualification shall file with the presiding
officer an affidavit setting forth in detail the facts alleged to
constitute grounds for disqualification. Such affidavit shall be filed
not later than 5 days before the commencement of the hearing unless,
for good cause shown, additional time is necessary.
(2) The presiding officer may file a response to the affidavit; and if
he believes himself not disqualified, shall so rule and proceed with
(3) The person seeking disqualification may appeal a ruling of
disqualification, and, in that event, shall do so at the time the
ruling is made. Unless an appeal of the ruling is filed at this time,
the right to request withdrawal of the presiding officer shall be
(4) If an appeal of the ruling is filed, the presiding officer shall
certify the question, together with the affidavit and any response
filed in connection therewith, to the Commission. The hearing shall be
suspended pending a ruling on the question by the Commission.
(5) The Commission may rule on the question without hearing, or it may
require testimony or argument on the issues raised.
(6) The affidavit, response, testimony or argument thereon, and the
Commission's decision shall be part of the record in the case.
(5 U.S.C. 556)
[ 28 FR 12425 , Nov. 22, 1963, as amended at 55 FR 36641 , Sept. 6, 1990;
62 FR 4171 , Jan. 29, 1997]
Goto Section: 1.244 | 1.246
Goto Year: 2020 |
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