Ga. Comp. R. & Regs. R. 350-4-.09 - Disqualification of the Administrative Law Judge
(1) An Administrative Law Judge shall voluntarily withdraw from
any proceedings in which he cannot render a fair and impartial decision for any
reason.
(2) A party may request the disqualification of an
Administrative Law Judge by filing a written request or motion therefor
accompanied by an affidavit stating in detail the grounds upon which it is
claimed that a fair and impartial hearing cannot be given or that the
Administrative Law Judge has an interest in the proceeding. The Administrative
Law Judge shall immediately present the affidavit to the Commissioner of the
Department who shall:
(a) investigate the allegation, advise the complaining party in
writing of the decision granting or denying the request to disqualify the
Administrative Law Judge, and mail a copy of the decision to all other parties;
or
(b) reassign the case to another Administrative Law Judge
without investigation.
(3) Should the Commissioner determine to remove an
Administrative Law Judge during the pendency of a case, any party shall have
the right within five days of receiving notice of such removal to present its
objections thereto in writing to the Commissioner as part of the Hearing
Record. The Commissioner shall respond in writing to such objections within
five (5) days of his receipt thereof, and a copy of his response shall also
become part of the Hearing Record.
Notes
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