1. (a) A Hearing Officer shall voluntarily withdraw from any proceedings in which he/she:

   1. (1) cannot conduct a fair or impartial hearing; or
   2. (2) has prior knowledge of or involvement with either party, or may benefit personally from the outcome of a hearing.

2. (b) A party may request the disqualifications of a Hearing Officer by filing a notarized statement with the Department stating in detail the grounds upon which it is claimed that a fair and impartial hearing cannot be given or that the Hearing Officer has an interest in the proceeding. The Department, through the Chief Hearing Officer or Chief Counsel of the hearing entity, shall:

   1. (1) Investigate the allegations and advise the complaining party in writing of the decision granting or denying the request to disqualify the Hearing Officer. A copy of the decision shall be mailed to the other parties; or
   2. (2) Provide for reassignment of the case to another Hearing Officer without investigation.

Note: Authority cited: Sections 20, 100275(a) and 123805, Health and Safety Code. Reference: Sections 123805 and 123850, Health and Safety Code.

History

1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior history, see Title 17, Part I, Subchapter 3, Sections 2890-2923, not consecutive.

2. Change without regulatory effect relocating article 4 heading from preceding section 42420 to preceding section 42130 and renumbering former section 42420 to section 42130 and renumbering former section 42719 to section 42420, including amendment of Note, filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).