§ 1.245   Disqualification of presiding officer.

   (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 the
   hearing.

   (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 deemed waived.

   (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]

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Prehearing Procedures

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