[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.5]



[Page 282]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.5  Disqualification of hearing officer.



    When a hearing officer believes there is a basis for 

disqualification in a particular proceeding, the hearing officer shall 

withdraw by notice on the record and shall notify the Secretary and the 

official initiating the action under appeal. Whenever any party believes 

that the hearing officer should be disqualified from presiding in a 

particular proceeding, the party may file a motion with the hearing 

officer requesting the hearing officer to withdraw from presiding over 

the proceedings. This motion shall be supported by affidavits setting 

forth the alleged grounds for disqualification. If the hearing officer 

does not withdraw, a written statement of his or her reasons shall be 

incorporated in the record and the hearing shall proceed.



                      Representation of the Parties