§ 1603.203 - Unavailability or withdrawal of administrative law judges.

§ 1603.203 Unavailability or withdrawal of administrative law judges.

Cross Reference

Link to an amendment published at 89 FR 47852, June 4, 2024.

(a) In the event the administrative law judge designated to conduct the hearing becomes unavailable or withdraws from the adjudication, another administrative law judge may be designated for the purpose of further hearing or issuing a decision on the record as made, or both.

(b) The

At any time administrative law

judge

judges deem themselves disqualified, they may withdraw from

the adjudication at any time the administrative law judge deems himself or herself disqualified.

an adjudication.

(b) Prior to issuance of a decision on the decisioncomplaint, any party may move that the administrative law judge withdraw on the ground grounds of personal bias or other disqualification , by filing with the administrative law judge promptly upon discovery of the alleged facts an affidavit setting forth in detail the matters alleged to constitute grounds for withdrawal .

(c)

promptly upon discovery of the alleged facts. The administrative law judge shall rule upon the motion for withdrawal. If the administrative law judge concludes that the motion

is timely

was filed promptly and has merit, the administrative law judge shall immediately withdraw from the adjudication. If the administrative law judge does not withdraw, the adjudication shall proceed.

[89 FR 47852, June 4, 2024]