[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.16]

[Page 321-322]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.16  Disqualification of a Judge.

    (a) When a Judge deems himself or herself disqualified to preside in 
a particular proceeding, such Judge shall withdraw therefrom by notice 
on the record directed to the Chief Administrative Hearing Officer for 
the district in which the case is brought or, if there is no Chief 
Administrative Hearing Officer, to the Attorney General.
    (b) Whenever any party shall deem the Judge for any reason to be 
disqualified to preside, or to continue to preside, in a particular 
proceeding, that

[[Page 322]]

party shall file with the Judge a motion to recuse. The motion shall be 
supported by an affidavit setting forth the alleged grounds for 
disqualification. The Judge shall rule upon the motion.
    (c) In the event of disqualification or recusal of a Judge as 
provided in paragraph (a) or (b) of this section, the Chief 
Administrative Hearing Officer or the Attorney General shall refer the 
matter to another Judge for further proceedings.
    (d) If the Judge denies a motion to disqualify, the Attorney General 
may determine the matter only as part of the Attorney General's review 
of the initial decision on appeal, if any.