Ill. Admin. Code tit. 38, § 1050.1650 - Bias or Disqualification of Hearing Officer

Current through Register Vol. 46, No. 15, April 8, 2022

a) Any interested party may file an affidavit before or during the proceeding and before a final decision is made setting forth allegations of personal bias, prejudice or disqualification of a presiding hearing officer. The Director shall determine this issue as part of the record of the case. When a hearing officer is disqualified, or if it becomes impractical for that hearing officer to continue, another hearing officer may be assigned, unless it is further shown that substantial bias or prejudice will result from that assignment.
b) The hearing officer may at any time voluntarily disqualify himself or herself.
c) In evaluating any allegations of personal bias, prejudice or disqualification, the Director shall determine whether documented, written evidence has been presented to support the allegations. Any finding of bias, prejudice or disqualification shall be accompanied by either actual written documentary evidence or citations to such evidence already available in the public record, such as legal cases, court orders or administrative orders. It shall be considered impractical for a hearing officer to continue under the following conditions:
1) the hearing officer's incapacity;
2) existence of a conflict of interest;
3) death of the hearing officer;
4) when the hearing officer recuses himself or herself or requests a replacement.

Notes

Ill. Admin. Code tit. 38, § 1050.1650

Amended at 29 Ill. Reg. 14808, effective September 26, 2005

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