[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.16]

[Page 59]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.16  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 a motion for disqualification of a Reviewing 
Official or an ALJ. Such motion will be accompanied by an affidavit 
alleging personal bias or other reason for disqualification.
    (c) Such motion and affidavit will be filed promptly upon the 
party's discovery of reasons requiring disqualification, or such 
objections will be deemed waived.
    (d) Such affidavit will 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 will be accompanied by a certificate of the Representative of 
record that it is Made in good faith.
    (e)(1) If the ALJ determines that a Reviewing Official is 
disqualified, the ALJ will dismiss the Complaint without prejudice.
    (2) If the ALJ disqualifies himself or herself, the case will 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.