31 CFR 16.16 - Disqualification of reviewing official or ALJ.
§ 16.16
Disqualification of reviewing official or
ALJ.
(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 assertion that personal
bias 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 paragrpah (f)
of this section.
(f)
(1)
If the ALJ determines that a reviewing
official is disqualified, the ALJ shall dismiss
the complaint without prejudice.
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
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