§ 185.117 Disqualification of reviewing official or ALJ

5 CFR 185.117(a)(a) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time.

5 CFR 185.117(b)(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.

5 CFR 185.117(c)(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.

5 CFR 185.117(d)(d) Such affidavit shall state specific facts that support the party's belief 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.

5 CFR 185.117(e)(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 this section.

5 CFR 185.117(e)(1)(1) If the ALJ determines that a reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice.

5 CFR 185.117(e)(2)(2) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ.

5 CFR 185.117(e)(3)(3) If the ALJ denies a motion to disqualify, the authority head may determine the matter only as part of his or her review of the initial decision upon appeal, if any.