[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR179.75]



[Page 285]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                       Subpart D_Presiding Officer

 

Sec.  179.75  Disqualification of deciding officials.



    (a) A deciding official in a hearing under this part (including, 

e.g., the Administrator, judicial officer, or presiding officer) shall 

not decide any matter in connection with which he or she has a financial 

interest in any of the parties, or a relationship that would make it 

otherwise inappropriate for him or her to act.

    (b) A party may request that a deciding official disqualify himself/

herself and withdraw from the proceeding. The party may obtain 

interlocutory review by the Administrator of a denial of such a request 

made to any deciding official other than the Administrator.

    (c) A deciding official who is aware of grounds for disqualification 

shall withdraw from the proceeding.