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Delaware Administrative Code
Title 6 - Attorney General's OfficeFraud and Consumer Protection DivisionInvestor Protection UnitRules Pursuant to the Delaware Securities Act
Part B - Practice and Procedure in Administrative Hearings General Rules
Section 200-B-204 - Disqualification and Recusal of Administrative Hearing Presiding Officer

6 Del. Admin. Code § 200-B-204

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 200-B-204 - Disqualification and Recusal of Administrative Hearing Presiding Officer
(a) Notice of disqualification. At any time a Presiding Officer believes himself or herself to be disqualified from considering a matter, the Presiding Officer shall issue a notice stating that he or she is withdrawing from the matter and setting forth the reasons therefor.
(b) Motion for Withdrawal. Any party who has a reasonable, good faith basis to believe that a Presiding Officer has a personal bias, or is otherwise disqualified from hearing a proceeding, may make a motion to the Presiding Officer that the Presiding Officer withdraw. The motion shall be accompanied by an affidavit setting forth in detail the facts alleged to constitute grounds for disqualification. If the Presiding Officer finds himself or herself not disqualified, he or she shall so rule and shall continue to preside over the proceeding.

6 Del. Admin. Code § 200-B-204

18 DE Reg. 394 (11/1/2014) (Final)