Disqualification of ALJ.

  1. Law
  2. CFR 24
  3. Housing and Urban Development
  4. Office of the Secretary, Department of Housing and Urban Development
  5. Hearing Procedures
  6. Hearings Pursuant to the Administrative Procedure Act
  7. Administrative Law Judge
  8. Disqualification of ALJ.

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§ 26.35 Disqualification of ALJ.

(a) An ALJ in a particular case may disqualify himself or herself.

(b) A party may file with the ALJ a motion for the ALJ's disqualification. The motion shall be accompanied by an affidavit alleging the grounds for disqualification.

(c) Upon the filing of a motion and affidavit, the ALJ shall proceed no further in the case until the matter of disqualification is resolved.

(d) If the ALJ does not withdraw from the proceedings, a written statement of his or her reasons for electing not to withdraw shall be incorporated into the record and the hearing shall proceed.


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