10 CFR 1013.16 - Disqualification of reviewing official or ALJ.

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There is 1 rule appearing in the Federal Register for 10 CFR 1013. View below or at eCFR (GPOAccess)
§ 1013.16 Disqualification of reviewing official or ALJ.
(a) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time.
(b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification.
(c) Such motion and affidavit shall be filed promptly upon the party's discovery of reasons requiring disqualification, or such objections shall be deemed waived.
(d) Such affidavit shall state specific facts that support the party's belief that personal basis or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith.
(e) Upon the filing of such a motion and affidavit, the ALJ shall proceed no further in the case until he or she resolves the matter of disqualification in accordance with paragraph (f) of this section.
(f)
(1) If the ALJ determines that a reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice.
(2) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ.
(3) If the ALJ denies a motion to disqualify, the authority head may determine the matter only as part of his or her review or the initial decision upon appeal, if any.

Title 10 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 10.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-01-02; vol. 79 # 1 - Thursday, January 2, 2014
    1. 79 FR 16 - Inflation Adjustment of Civil Monetary Penalties
      GPO FDSys XML | Text
      DEPARTMENT OF ENERGY, Office of the General Counsel
      Final rule.
      This rule is effective February 3, 2014.
      10 CFR Parts 218, 431, 490, 601, 820, 824, 851, 1013, 1017, and 1050

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United States Code

Title 10 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 10 CFR 1013 after this date.

  • 2014-01-02; vol. 79 # 1 - Thursday, January 2, 2014
    1. 79 FR 16 - Inflation Adjustment of Civil Monetary Penalties
      GPO FDSys XML | Text
      DEPARTMENT OF ENERGY, Office of the General Counsel
      Final rule.
      This rule is effective February 3, 2014.
      10 CFR Parts 218, 431, 490, 601, 820, 824, 851, 1013, 1017, and 1050