Section 9.4 - (Rule 9.4) Motion for Disqualification of Administrative Law Judge for Cause(a) A party may move in any proceeding to disqualify the assigned Administrative Law Judge for having: (1) a financial interest in the subject matter in a proceeding or in a party to the proceeding.(2) bias or prejudice in the proceeding. In a ratesetting or adjudicatory proceeding, bias or prejudice may include either of the following:(A) Actions taken during the proceeding that demonstrate bias or prejudice.(B) Actions taken outside the public record of a proceeding demonstrating any commitment to provide relief to a party.(b) A motion filed pursuant to this rule shall be supported by a declaration under penalty of perjury (or affidavit by an out-of-state person) setting forth the factual basis for the motion, and shall be filed and served as provided in Rule 9.2(a).(c) A motion filed pursuant to this rule shall be filed at the earliest practicable opportunity and in any event no later than 10 days after the date the party discovered or should have discovered facts set forth in the declaration filed pursuant to this rule.(d) The Chief Administrative Law Judge, in consultation with the President of the Commission, shall rule on any motion to disqualify the assigned Administrative Law Judge. The assigned Administrative Law Judge shall not rule on the motion.Cal. Code Regs. Tit. 20, § 9.4
1. Renumbering of former section 63.4 to new section 9.4, including amendment of section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
2. Amendment of section heading, section and NOTE filed 1-30-2018; operative 4-1-2018. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2018, No. 5). Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 309.6, 1701, 1701.2 and 1701.3, Public Utilities Code.
1. Renumbering of former section 63.4 to new section 9.4, including amendment of section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
2. Amendment of section heading, section and Note filed 1-30-2018; operative 4/1/2018. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2018, No. 5).