§  1.245   Disqualification of presiding officer.

   (a) In the event that a presiding officer (other than the Commission)
   deems himself or herself disqualified and desires to withdraw from the
   case, the presiding officer shall immediately so notify the Commission.

   (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.

   (2) The presiding officer may file a response to the affidavit; and if
   the presiding officer believes he or she is not disqualified, he or she
   shall so rule and continue with the hearing proceeding.

   (3) The person seeking disqualification may appeal a ruling denying the
   request for withdrawal of the presiding officer, and, in that event,
   shall do so within five days of release of the presiding officer's
   ruling. 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; 47 U.S.C. 154, 159, 208, 209, 214, 309, 312, 316, and
   409)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  55 FR 36641 , Sept. 6, 1990;
    62 FR 4171 , Jan. 29, 1997;  85 FR 63176 , Oct. 6, 2020]

   

Prehearing Procedures