- (1) A party may request that an ALJ be removed from a case based on partiality, interest, or prejudice.
(2) A party requesting removal of an ALJ under Subsection (1) shall:
- (a) make the request before the hearing unless the reason for the request was not or could not have been known before the hearing; and
- (b) state specific facts establishing cause for removal.
- (3) If the division finds removal of the ALJ is appropriate, the division shall reassign the case to a different ALJ.
- (4) If the division finds no legitimate grounds for removal of the ALJ, the division shall deny the request and the ALJ shall explain the reasons for the denial during the hearing.
- (5) A party may file an appeal pertaining to the partiality, interest, or prejudice of an ALJ within the time limitations for appealing any other decision.
KEY: adoption tax credit, appeal procedures
Date of Enactment: January 2, 2024
Authorizing, and Implemented or Interpreted Law: 35A-1-111