[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.16]



[Page 287-288]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.16  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. Such motion shall be accompanied by an 

affidavit alleging personal bias or other reason for disqualification.



[[Page 288]]



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

party's discovery of reasons requiring 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 ALJ shall 

proceed no 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 shall be 

reassigned promptly to another ALJ.

    (3) If the ALJ 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.