[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1603.203]

[Page 189-190]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
   PART 1603_PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL 
   GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION
 
                           Subpart B_Hearings
 
Sec.  1603.203  Unavailability or withdrawal of administrative law judges.

    (a) In the event the administrative law judge designated to conduct 
the hearing becomes unavailable or withdraws from the adjudication, 
another administrative law judge may be designated for the purpose of 
further hearing or issuing a decision on the record as made, or both.
    (b) The administrative law judge may withdraw from the adjudication 
at any time the administrative law judge deems himself or herself 
disqualified. Prior to issuance of the decision, any party may move that 
the administrative law judge withdraw on the ground of personal bias or 
other disqualification, by filing with the administrative law judge 
promptly upon discovery of the alleged facts an affidavit setting forth 
in detail the matters alleged to constitute grounds for withdrawal.

[[Page 190]]

    (c) The administrative law judge shall rule upon the motion for 
withdrawal. If the administrative law judge concludes that the motion is 
timely and has merit, the administrative law judge shall immediately 
withdraw from the adjudication. If the administrative law judge does not 
withdraw, the adjudication shall proceed.