Cal. Code Regs. Tit. 13, § 115.15 - Request for the Disqualification of a Hearing Officer

(a) Any party may request the disqualification of any hearing officer by filing an affidavit, stating with particularity the grounds upon which it is claimed that the hearing officer is disqualified. The only grounds which will be considered in support of a disqualification request are those which clearly demonstrate the hearing officer's bias, prejudice, or interest in the proceeding.

(b) If notification of the hearing officer assignment has been made to the party ten days prior to the commencement of the scheduled hearing, the affidavit requesting the disqualification must be submitted to the driver safety office where the hearing is scheduled to be conducted at least four business days prior to the scheduled hearing. A written determination will be made on the hearing officer disqualification request, prior to the commencement of the notice hearing, by a person designated by the department. The written determination will be delivered to the requesting party at the noticed hearing prior to the taking of any evidence at the noticed hearing and shall be noted on the record.

(c) If notification of the hearing officer assignment has not been made to the party at least ten days prior to the commencement of the scheduled hearing, the request for disqualification must be made on the record, while the requesting party is under oath, and prior to the taking of any evidence at the noticed hearing. An oral determination on the request for a hearing officer disqualification shall be made on the record prior to the taking of any evidence by the person designated by the department.

(d) The person designated by the department to make the determination in response to a request for a hearing officer disqualification, shall not be the hearing officer who is the subject of the disqualification request.

Notes

Cal. Code Regs. Tit. 13, § 115.15

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.

1. Renumbering of former section 115.10 to new section 115.15 filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).