[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1264.115]



[Page 379]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.115  Disqualification of reviewing official or presiding 

officer.



    (a) A reviewing official or presiding officer in a particular case 

may disqualify himself or herself at any time.

    (b) A party may file with the presiding officer a motion for 

disqualification of a reviewing official or a presiding officer. Such 

motion shall be accompanied by an affidavit alleging personal bias or 

other reason for disqualification.

    (c) Such motion and affidavit shall be filed promptly upon the 

party's discovery of reasons for disqualification, or such objections 

shall be deemed waived.

    (d) Such affidavit shall 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 such 

facts. It shall be accompanied by a certificate of the representative of 

record that it is made in good faith.

    (e) Upon the filing of such a motion and affidavit, the presiding 

officer shall proceed no further in the case until the matter of 

disqualification is resolved in accordance with paragraph (f) of this 

section.

    (f)(1) If the presiding officer determines that a reviewing official 

is disqualified, the presiding officer shall dismiss the complaint 

without prejudice.

    (2) If the presiding officer disqualifies himself or herself, the 

case shall be reassigned promptly to another presiding officer.

    (3) If the presiding officer denies a motion to disqualify, the 

authority head may determine the matter only as part of his or her 

review of the initial decision upon appeal, if any.