Disqualification of Administrative Law Judge

Section 763 Section 763.300  Disqualification of Administrative Law Judge a)         An Administrative Law Judge assigned to a proceeding may, upon written request to and approval of the Chief Administrative Law Judge, recuse himself or herself from the proceeding. b)         Whenever any party believes an Administrative Law Judge for any reason should be disqualified from conducting, or continuing to conduct, a proceeding assigned to him or her, that party may file a motion to disqualify the Administrative Law Judge, setting forth by affidavit the alleged grounds for disqualification.  The Administrative Law Judge shall have 5 days after filing of the motion within which to enter a written ruling thereon.  A copy of the ruling shall be served upon all parties. c)         Any ruling by an Administrative Law Judge denying a request for recusal under this Section may be reviewed by the Commission.  Review shall be sought no more than 3 days from the denial of the motion to recuse or disqualify. The party seeking review of the ruling shall file with the Chief Clerk a verified petition, together with any offer of proof, and shall serve a copy of the petition upon the Administrative Law Judge and all parties to the proceeding.  Other parties and the staff representative may file responses within 3 days after the filing of the petition. The Administrative Law Judge shall have 3 days from the filing of the petition within which to file a report to the Commission with the Chief Clerk, who shall serve copies of the report on the parties and staff representatives.