[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.738]



[Page 74]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.738  Disqualification and withdrawal of Administrative Law Judge.



    (a) Notice of disqualification. If at any time an Administrative Law 

Judge or Secretary's designee believes himself or herself to be 

disqualified from considering a matter, the Administrative Law Judge or 

Secretary's designee, as appropriate, shall issue a notice stating that 

he or she is withdrawing from the matter and setting forth the reasons 

therefor.

    (b) Motion for Withdrawal. Any party who has a reasonable, good 

faith basis to believe an Administrative Law Judge or Secretary's 

designee has a personal bias, or is otherwise disqualified from hearing 

a case, may make a motion to the Administrative Law Judge or Secretary's 

designee, as appropriate, that the Administrative Law Judge or 

Secretary's designee withdraw. The motion shall be accompanied by a 

statement subject to 18 U.S.C. 1001 setting forth in detail the facts 

alleged to constitute grounds for disqualification. If the 

Administrative Law Judge or Secretary's designee finds himself or 

herself qualified, he or she shall so rule and shall continue to preside 

over the proceeding.