Md. Code Regs. 26.01.02.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.01.02.10 - Disqualification; Substitution of Hearing Examiners

A. Hearing examiners may disqualify themselves for any reason which affects or may appear to affect their impartiality, and shall disqualify themselves for the reasons stated in Rule 1231 of the Maryland Rules of Procedure, Rule of Judicial Ethics 2, which provides: "A judge shall not exercise his duties with respect to any matter in which a near relative by blood or marriage is a party, has an interest, or appears as a lawyer. He shall not participate in any matter in which he has a significant financial interest or in which he previously acted as lawyer. For the purpose of this rule, 'near relative' shall mean connection by consanguinity or affinity within the third degree, counting down from a common ancestor to the more remote."

B. A party may petition for the disqualification of a hearing examiner promptly after receipt of notice indicating that the individual will preside, or promptly upon discovering facts establishing grounds for disqualification.

C. The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.

D. If a hearing examiner becomes unavailable, for any reason, before rendering his or her proposed decision, a substitute shall be appointed by the chief hearing examiner. The substitute shall use any existing record and may conduct such further proceedings as are necessary to fairly conclude the hearing and to render a proposed decision.

Md. Code Regs. 26.01.02.10

Regulations .10 repealed effective October 16, 1989 (16:20 Md. R. 2183)
Regulations .10 adopted effective October 16, 1989 (16:20 Md. R. 2183)