[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR102.37]

[Page 49]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 102_RULES AND REGULATIONS, SERIES 8--Table of Contents

   Subpart B_Procedure Under Section 10 (a) to (i) of the Act for the 
                Prevention of Unfair Labor Practices \1\
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Sec. 102.37  Disqualification of administrative law judge.

    An administrative law judge may withdraw from a proceeding whenever 
he deems himself disqualified. Any party may request the administrative 
law judge, at any time following his designation and before 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 a timely affidavit setting forth in detail the matters 
alleged to constituate grounds for disqualification. If, in the opinion 
of the administrative law judge, such affidavit is filed with due 
diligence and is sufficient on its face, he shall forthwith disqualify 
himself and withdraw from the proceeding. If the administrative law 
judge does not disqualify himself and withdraw from the proceeding, he 
shall so rule upon the record, stating the grounds for his ruling and 
proceed with the hearing, or, if the hearing has closed, he shall 
proceed with issuance of his decision, and the provisions of Sec. 
102.26, with respect to review of rulings of administrative law judges, 
shall thereupon apply.

(49 Stat. 449; 29 U.S.C. 151-166, as amended by (61 Stat. 136; 29 U.S.C. 
Sup. 151-167), (65 Stat. 601; 29 U.S.C. 158, 159, 168), (73 Stat. 519; 
29 U.S.C. 141-168), (88 Stat. 395-397; 29 U.S.C. 152, 158, 169, 183))

[45 FR 51193, Aug. 1, 1980]