623.1 If an Administrative Judge deems themselves disqualified to preside in a particular case, they shall withdraw by notice, on the record, and shall notify the Executive Director of their withdrawal.

623.2 At any time following the assignment of the appeal to an Administrative Judge, and before issuance of an Initial Decision in the matter, a party may request the Administrative Judge to disqualify themself on the grounds of personal bias or other disqualification, by serving and filing a motion promptly upon the discovery of the alleged facts, with an affidavit setting forth, in detail, the matters alleged to constitute grounds for disqualification.

623.3 If, in the opinion of the Administrative Judge, the affidavit is sufficient on its face, the Administrative Judge shall disqualify and remove themself from the case. If the Administrative Judge does not disqualify themself, the Administrative Judge shall issue a written order to that effect stating the grounds for the ruling.

SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2142 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).