[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 34CFR33.16]



[Page 77]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec. 33.16  Disqualification of reviewing official or ALJ.



    (a) A reviewing official or ALJ in a particular case may disqualify 

himself or herself at any time.

    (b) A party may file with the ALJ a motion for disqualification of a 

reviewing official or an ALJ. That motion must be accompanied by an 

affidavit alleging personal bias or other reason for disqualification.

    (c) The motion and affidavit must be filed promptly upon the party's 

discovery of reasons requiring disqualification, or the objections are 

deemed waived.

    (d) The affidavit must state specific facts that support the party's 

belief that personal bias or other reason for disqualification exists 

and the time and circumstances of the party's discovery of those facts. 

It must be accompanied by a certificate of the representative of record 

that it is made in good faith.

    (e) Upon the filing of the motion and affidavit, the ALJ shall not 

proceed further in the case until he or she resolves the matter of 

disqualification in accordance with paragraph (f) of this section.

    (f)(1) If the ALJ determines that a reviewing official is 

disqualified, the ALJ shall dismiss the complaint without prejudice.

    (2) If the ALJ disqualifies himself or herself, the case must be 

reassigned promptly to another ALJ.

    (3) If the ALJ denies a motion to disqualify, the Department head 

may determine the matter only as part of his or her review of the 

initial decision upon appeal, if any.



(Authority: 31 U.S.C. 3803(g)(2)(G))