1. (a) A participant may request the presiding officer to withdraw from a matter for good cause.
2. (b) A request for the presiding officer to withdraw shall be in the form of a motion that is filed and handled in accordance with Env-C 204.17.
3. (c) For purposes of this section, good cause for withdrawal shall be that the presiding officer has an objectively-demonstrated bias for or against one or more of the participants. Good cause shall not include that the presiding officer is an employee of the department.
4. (d) The person requesting the withdrawal of the presiding officer shall support the request with sworn testimony or other evidence submitted with the motion.
5. (e) For purposes of this section, an “objectively-demonstrated bias” means that the person requesting the presiding officer to withdraw submits evidence that shows, by a preponderance of the evidence, that the presiding officer has had personal dealings with a participant that would cause a reasonable person to believe that as a result of the dealings, the presiding officer will discount or ignore evidence and law to find in favor of or against that participant.

Source. #5860, eff 7-1-94; ss by #6960, eff 3-25-99; ss by #8851-A, eff 3-25-07