[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR300.18]



[Page 272]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 300_RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER--Table 

of Contents

 

Sec. 300.18  Motions to disqualify DOT employee in review of hearing 

matters.



    In cases to be determined on an evidentiary record, a party desiring 

that a concerned DOT employee disqualify himself or herself from 

participating in a DOT decision shall file a motion supported by an 

affidavit setting forth the grounds for such disqualification in the 

form and within the periods prescribed in Sec. 302.11 of this chapter. 

Where review of the administrative law judge's decision can be obtained 

only upon the filing of a petition for discretionary review, such 

motions must be filed on or before the date answers are due pursuant to 

Sec. 302.32. In cases where exceptions are filed to recommended, 

initial, or tentative decisions or where the DOT decisionmaker orders 

review of an initial or recommended decision on his or her own 

initiative, such motions must be filed on or before the date briefs are 

due pursuant to Sec. 302.35 or Sec. 302.218, as applicable. Failure to 

file a timely motion will be deemed a waiver of disqualification. 

Applications for leave to file an untimely motion seeking 

disqualification of a concerned DOT employee must be accompanied by an 

affidavit setting forth in detail why the facts relied upon as grounds 

for disqualification were not known and could not have been discovered 

with reasonable diligence within the prescribed time.



[Doc. No. OST-97-2090, 65 FR 6456, Feb. 9, 2000]