[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR4.17]

[Page 114-115]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 4_MISCELLANEOUS RULES--Table of Contents
 
Sec. 4.17  Disqualification of Commissioners.

    (a) Applicability. This section applies to all motions seeking the 
disqualification of a Commissioner from any adjudicative or rulemaking 
proceeding.
    (b) Procedures. (1) Whenever any participant in a proceeding shall 
deem a Commissioner for any reason to be disqualified from participation 
in that proceeding, such participant may file with the Secretary a 
motion to the Commission to disqualify the Commissioner, such motion to 
be supported by affidavits and other information setting forth with 
particularity the alleged grounds for disqualification.
    (2) Such motion shall be filed at the earliest practicable time 
after the participant learns, or could reasonably have learned, of the 
alleged grounds for disqualification.

[[Page 115]]

    (3)(i) Such motion shall be addressed in the first instance by the 
Commissioner whose disqualification is sought.
    (ii) In the event such Commissioner declines to recuse himself or 
herself from further participation in the proceeding, the Commission 
shall determine the motion without the participation of such 
Commissioner.
    (c) Standards. Such motion shall be determined in accordance with 
legal standards applicable to the proceeding in which such motion is 
filed.

(15 U.S.C. 46(g))

[46 FR 45750, Sept. 15, 1981]