[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1150.53]

[Page 289-290]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1150--PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of Contents
 
             Subpart F--Responsibilities and Duties of Judge
 
Sec. 1150.53  Disqualification of judge.

    (a) A judge shall disqualify himself/herself whenever in his/her 
opinion it is improper for him/her to preside at the proceedings.
    (b) At any time following appointment of the judge and before the 
filing of the decision, any party may request the judge to withdraw on 
grounds of personal bias or prejudice either against it or in favor of 
any adverse party, by promptly filing with him/her an affidavit setting 
forth in detail the alleged grounds for disqualification.
    (c) If, in the opinion of the judge, the affidavit referred to in 
paragraph (b) of this section is filed with due diligence

[[Page 290]]

and is sufficient on its face, the judge shall promptly disqualify 
himself/herself.
    (d) If the judge does not disqualify himself/herself, he/she shall 
so rule upon the record, stating the grounds for his/her ruling. Then, 
he/she shall proceed with the hearing, or, if the hearing has closed, 
he/she shall proceed with the issuance of the decision.

[45 FR 78474, Nov. 25, 1980. Redesignated at 53 FR 39474, Oct. 7, 1988]