Goto Section: 1.244 | 1.246 | Table of Contents
FCC 1.245
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 1.245 Disqualification of presiding officer.
(a) In the event that a presiding officer deems himself disqualified and
desires to withdraw from the case, he shall notify the Commission of his
withdrawal at least 7 days prior to the date set for hearing.
(b) Any party may request the presiding officer to withdraw on the grounds
of personal bias or other disqualification.
(1) The person seeking disqualification shall file with the presiding
officer an affidavit setting forth in detail the facts alleged to constitute
grounds for disqualification. Such affidavit shall be filed not later than 5
days before the commencement of the hearing unless, for good cause shown,
additional time is necessary.
(2) The presiding officer may file a response to the affidavit; and if he
believes himself not disqualified, shall so rule and proceed with the
hearing.
(3) The person seeking disqualification may appeal a ruling of
disqualification, and, in that event, shall do so at the time the ruling is
made. Unless an appeal of the ruling is filed at this time, the right to
request withdrawal of the presiding officer shall be deemed waived.
(4) If an appeal of the ruling is filed, the presiding officer shall certify
the question, together with the affidavit and any response filed in
connection therewith, to the Commission. The hearing shall be suspended
pending a ruling on the question by the Commission.
(5) The Commission may rule on the question without hearing, or it may
require testimony or argument on the issues raised.
(6) The affidavit, response, testimony or argument thereon, and the
Commission's decision shall be part of the record in the case.
(5 U.S.C. 556)
[ 28 FR 12425 , Nov. 22, 1963, as amended at 55 FR 36641 , Sept. 6, 1990; 62 FR 4171 , Jan. 29, 1997]
Prehearing Procedures
Goto Section: 1.244 | 1.246
Goto Year: 2005 |
2007
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