§ 13.16 Disqualification of Reviewing Official or Presiding Officer.

(a) A Reviewing Official or Presiding Officer in a particular case may disqualify himself or herself at any time. (b) A party may file a motion for disqualification of a Reviewing Official or an Presiding Officer. Such motion will be accompanied by an affidavit alleging personal bias or other reason for disqualification. (c) Such motion and affidavit will be filed promptly upon the party's discovery of reasons requiring disqualification, or such objections will be deemed waived. (d) Such affidavit will state specific facts that support the party's belief that personal bias or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It will be accompanied by a certificate of the Representative of record that it is Made in good faith. The Reviewing Official or Presiding Officer may request additional information to support an affidavit found to lack specific facts that support the party's belief that personal bias or other reason for disqualification exists. (e)(1) If the Presiding Officer determines that a Reviewing Official is disqualified, the Presiding Officer will dismiss the Complaint without prejudice. (2) If the Presiding Officer disqualifies himself or herself, the case will be reassigned promptly to another Presiding Officer. If a board judge disqualifies himself or herself, the case will be reassigned in accordance with relevant Board Rules. (3) If the Presiding Officer denies a motion to disqualify, the Authority Head may determine the matter only as part of his or her review of the Initial Decision upon appeal, if any.