[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.68]

[Page 275-276]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
                           Subpart E_Hearings
 
Sec. 2200.68  Disqualification of the judge.

    (a) Discretionary withdrawal. A Judge may withdraw from a proceeding 
whenever he deems himself disqualified.
    (b) Request for withdrawal. Any party may request the Judge, at any 
time following his designation and before the filing of his decision, to 
withdraw on ground of personal bias or disqualification, by filing with 
him promptly upon the discovery of the alleged facts an affidavit 
setting forth in detail the matters alleged to constitute grounds for 
disqualification.
    (c) Granting request. If, in the opinion of the Judge, the affidavit 
referred to in paragraph (b) of this section is filed

[[Page 276]]

with due diligence and is sufficient on its face, the Judge shall 
forthwith disqualify himself and withdraw from the proceeding.
    (d) Denial of request. If the Judge does not disqualify himself and 
withdraw from the proceedings, he shall so rule upon the record, stating 
the grounds for his ruling and shall proceed with the hearing, or, if 
the hearing has closed, he shall proceed with the issuance of his 
decision, and the provisions of Sec. 2200.90 shall thereupon apply.