Initiation of Formal Administrative Proceedings

Section 1 Section 1.20  Initiation of Formal Administrative Proceedings a)         A formal administrative proceeding to hear contested cases under the laws administered by the Department of Agriculture shall be initiated by the Department in accordance with Section 1.60 of this Part. b)         The Director of the Department shall designate an administrative law judge. c)         The respondent may file an affidavit setting forth specific allegations of personal bias, prejudice or disqualification of a presiding administrative law judge.  Such affidavit shall be filed, if at all, prior to the start of a contested case hearing. d)         The Director, on his or her own motion or upon petition of the respondent, shall disqualify the administrative law judge when the Director finds the administrative law judge has direct involvement in the case. e)         An administrative law judge may, at any time, voluntarily disqualify himself or herself. f)         When an administrative law judge is disqualified, the Director shall appoint another administrative law judge.