[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR179.75]

[Page 290]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                      Subpart D--Presiding Officer
 
Sec. 179.75  Disqualification of deciding officials.

    (a) A deciding official in a hearing under this part (including, 
e.g., the Administrator, judicial officer, or presiding officer) shall 
not decide any matter in connection with which he or she has a financial 
interest in any of the parties, or a relationship that would make it 
otherwise inappropriate for him or her to act.
    (b) A party may request that a deciding official disqualify himself/
herself and withdraw from the proceeding. The party may obtain 
interlocutory review by the Administrator of a denial of such a request 
made to any deciding official other than the Administrator.
    (c) A deciding official who is aware of grounds for disqualification 
shall withdraw from the proceeding.