[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 33CFR20.204]



[Page 72]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                   Subpart B_Administrative Law Judges

 

Sec. 20.204  Withdrawal or disqualification.



    (a) An ALJ may disqualify herself or himself at any time.

    (b) Until the filing of the ALJ's decision, either party may move 

that the ALJ disqualify herself or himself for personal bias or other 

valid cause. The party shall file with the ALJ, promptly upon discovery 

of the facts or other reasons allegedly constituting cause, an affidavit 

setting forth in detail the reasons.

    (1) The ALJ shall rule upon the motion, stating the grounds for the 

ruling. If the ALJ concludes that the motion is timely and meritorious, 

she or he shall disqualify herself or himself and withdraw from the 

proceeding. If the ALJ does not disqualify herself or himself and 

withdraw from the proceeding, the ALJ shall carry on with the 

proceeding, or, if a hearing has concluded, issue a decision.

    (2) If an ALJ denies a motion to disqualify herself or himself, the 

moving party may, according to the procedures in subpart J of this part, 

appeal to the Commandant once the hearing has concluded. When that party 

does appeal, the ALJ shall forward the motion, the affidavit, and 

supporting evidence to the Commandant along with the ruling.