1. (a) A party may move in any proceeding to disqualify a Commissioner for having a financial interest in the subject matter in a proceeding or in a party to the proceeding, or for having bias or prejudice in the proceeding.

   1. (1) In a ratesetting or adjudicatory proceeding, bias or prejudice may include either of the following:

      1. (A) Actions taken during the proceeding that demonstrate bias or prejudice.
      2. (B) Actions taken outside the public record of a proceeding demonstrating any commitment to provide relief to a party.
2. (b) A motion filed pursuant to this rule shall be supported by a declaration under penalty of perjury (or affidavit by an out-of-state person) setting forth the factual basis for the motion, and shall be filed and served as provided in Rule 9.2(a).
3. (c) A motion filed pursuant to this rule shall be filed within 30 days after the date the party discovered or should have discovered facts set forth in the declaration filed pursuant to this rule.
4. (d) The Executive Director, in consultation with the General Counsel, shall present a recommended resolution for a vote of the Commission.
5. (e) A Commissioner who is the subject of a motion for disqualification may not vote on the Executive Director's recommended resolution of the motion.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 309.6, 1701, 1701.2 and 1701.3, Public Utilities Code.

History

1. Renumbering of former section 63.5 to new section 9.5, including amendment of section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).

2. Renumbering of former section 9.5 to section 9.6 and new section 9.5 filed 1-30-2018; operative 4-1-2018. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2018, No. 5).