42 CFR 423.1026
§ 423.1026 Disqualification of Administrative Law Judge.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 423.1026, § 423.1026 Disqualification of Administrative Law Judge, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/204994
- Permanent ID
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Full text
(a) An ALJ may not conduct a hearing in a case in which he or she is prejudiced or partial to the affected party or has any interest in the matter pending for decision.
(b) A party that objects to the ALJ designated to conduct the hearing must give notice of its objections at the earliest opportunity.
(c) The ALJ will consider the objections and decide whether to withdraw or proceed with the hearing.
(1) If the ALJ withdraws, another ALJ will be designated to conduct the hearing.
(2) If the ALJ does not withdraw, the objecting party may, after the hearing, present its objections to the Departmental Appeals Board as reasons for changing, modifying, or reversing the ALJ's decision or providing a new hearing before another ALJ.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.