Okla. Admin. Code § 340:2-28-11

Current through Vol. 42, No. 7, December 16, 2024

Section 340:2-28-11 - Disqualification or recusal of an administrative law judge (ALJ)

When an ALJ disqualifies or recuses from a case, the chief ALJ assigns a different ALJ. If the chief ALJ disqualifies or recuses from a case, a different ALJ is assigned by random lot, drawn by a docketing clerk.

(1) Any ALJ may disqualify or recuse on their own motion.

(2) A motion to disqualify an ALJ from a case may be filed with the Office of Administrative Hearings: Child Support (OAH), stating the basis for the request. The ALJ may recuse on their own motion; grant the motion without setting for hearing; or, in the ALJ's discretion, determine the motion after a hearing.

(A) When a motion to disqualify is denied, the Chief ALJ will reconsider the motion, upon the filing of a request for review. The request for review will be determined after hearing and when the Chief ALJ disqualifies the subject ALJ, the Chief ALJ assigns a different ALJ.

(B) When the subject of a motion to disqualify is the Chief ALJ, the request for review will be decided by a different ALJ assigned by random lot, drawn by a docketing clerk. The request for review will be determined after hearing and when the reviewing ALJ disqualifies the Chief ALJ, the reviewing judge will assign a different ALJ by random lot, not to include the reviewing ALJ.

(3) No further review is available within OAH or the agency.

Okla. Admin. Code § 340:2-28-11

Added at 9 Ok Reg 113, eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok Reg 2033, eff 7-1-03

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021