D.C. Mun. Regs. tit. 31, r. 2104

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 2104 - RECUSAL

2104.1

A hearing examiner shall recuse himself or herself from a matter where he or she is unable to act in a fair and impartial manner. Notice of a recusal shall be provided to the senior hearing examiner.

2104.2

Grounds for recusal shall include:

(a) A conflict of interest or the appearance thereof;

(b) Bias toward a party or the appearance thereof;

(c) An ex parte communication or pre-judgment of the matter by the hearing examiner of any fact or issue; and

(d) Any other reason for recusal supported by District law.

2104.3

A party shall file a motion to recuse a hearing examiner from participating in the adjudication not later than five (5) days after receipt of the notice of hearing.

2104.4

Each motion for recusal shall be supported by an affidavit setting forth the reasons for recusal. Failure to timely file a motion for recusal by the time required by § 2104.3 may be construed as a waiver of all grounds for recusal.

2104.5

The senior hearing examiner shall rule upon each motion for recusal.

D.C. Mun. Regs. tit. 31, r. 2104

Final Rulemaking published at 64 DCR 7895 (8/11/2017)