1. (a) No administrative law judge shall try any motion, hearing, or other proceeding which involves a contested issue of law or fact when it shall be established as hereinafter provided that such administrative law judge is prejudiced against any party or attorney or the interest of any party or attorney appearing in such action or proceeding.
2. (b) Whenever an administrative law judge shall have knowledge of any fact, which by reason of bias or prejudice makes it appear probable that a fair and impartial hearing cannot be held before him or her, it shall be his or her duty to immediately notify the executive secretary, setting forth all reasons for his or her belief.

3. (c) Any party may request the administrative law judge to disqualify himself or herself whenever it appears that it is probable that a fair and impartial hearing cannot be held by the administrative law judge to whom the matter is assigned. Such request shall be written, or if oral, reduced to writing within 24 hours of the request. The request shall be under oath and shall specifically set forth all facts constituting the ground for the disqualification of such administrative law judge. The request must be made prior to the taking of any evidence in an evidentiary hearing or the actual commencement of any other proceeding.

   If such administrative law judge admits his or her disqualification, such admission shall be immediately communicated to the executive secretary who shall designate another administrative law judge to hear the matter.

   Notwithstanding his or her disqualification, an administrative law judge who is disqualified may request another administrative law judge who has been agreed upon by all parties to conduct the hearing.

4. (d) If the administrative law judge does not disqualify himself or herself and withdraw from the proceeding, he or she shall so rule on the record, state the grounds for the ruling, and proceed with the hearing and the issuance of the decision. The party requesting the disqualification may file exceptions to the hearing on the ground of the personal bias or disqualification of the administrative law judge along with exceptions to the decision.

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.2, Labor Code.

History

1. Editorial correction adding Note filed 2-16-83 (Register 83, No. 8).

2. Amendment of section heading and section filed 7-8-99; operative 8-7-99 (Register 99, No. 28).