Disqualification of an Administrative Law Judge

Section 300.1130  Disqualification of an Administrative Law Judge At any time prior to the issuance of a substantive ruling by an ALJ, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest. The motion shall be made in writing to the General Counsel, with a copy to the Director and the ALJ, setting forth the specific instances of bias or conflict of interest. The Director and/or her or his designee will assign the matter for a determination to an ALJ not challenged in the motion. An adverse decision or ruling, in and of itself, is not grounds for disqualification. The ALJ's employment or contract as an ALJ by the Department is not, in and of itself, a conflict of interest. The case shall be suspended until the neutral ALJ rules on the motion. The neutral ALJ may decline to disqualify the presiding ALJ or appoint another ALJ to hear the case.