Section 60060.12 - Disqualification(a) The hearing officer shall disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing.(b) A hearing officer may not hear any case in which he or she has previously served as an investigator, prosecutor, or advocate.(c) Any party may request the disqualification of a hearing officer by filing an affidavit or declaration under penalty of perjury. A request against the hearing officer must be made no later than five days prior to the commencement of a prehearing conference or first day of hearing on the merits, whichever is earlier. The affidavit or declaration must state with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined, in the first instance, by the hearing officer against whom the request for disqualification has been filed.Cal. Code Regs. Tit. 17, § 60060.12
1. New section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 37). Note: Authority cited: Sections 39600, 39601 and 43105.5(e) and (f), Health and Safety Code. Reference: Sections 43105.5(e) and (f), Health and Safety Code; Sections 11425.10, 11425.30, 11425.40 and 11512, Government Code; Section 1969, title 13, California Code of Regulations; and Mathews v. Eldridge (1976) 424 U.S. 319.
1. New section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 37).