Rule 350-4-.09. Disqualification of the Administrative Law Judge

1. (1) An Administrative Law Judge shall voluntarily withdraw from any proceedings in which he cannot render a fair and impartial decision for any reason.

2. (2) A party may request the disqualification of an Administrative Law Judge by filing a written request or motion therefor accompanied by an affidavit stating in detail the grounds upon which it is claimed that a fair and impartial hearing cannot be given or that the Administrative Law Judge has an interest in the proceeding. The Administrative Law Judge shall immediately present the affidavit to the Commissioner of the Department who shall:

   1. (a) investigate the allegation, advise the complaining party in writing of the decision granting or denying the request to disqualify the Administrative Law Judge, and mail a copy of the decision to all other parties; or
   2. (b) reassign the case to another Administrative Law Judge without investigation.
3. (3) Should the Commissioner determine to remove an Administrative Law Judge during the pendency of a case, any party shall have the right within five days of receiving notice of such removal to present its objections thereto in writing to the Commissioner as part of the Hearing Record. The Commissioner shall respond in writing to such objections within five (5) days of his receipt thereof, and a copy of his response shall also become part of the Hearing Record.

Authority: Ga. L. 1977, p. 384, et seq.; O.C.G.A. Sec. 49-4-142(a), 153.

History. Original Rule was filed on April 11, 1978; effective May 1, 1978.

Repealed: ER. 350-4-0.4-.09 adopted. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.

Repealed: Permanent Rule entitled "Disqualification of the Administrative Law Judge" adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.