CFR > Title 24 - Housing and Urban Development > SUBTITLE A—Office of the Secretary, Department of Housing and Urban Development > PART 26—HEARING PROCEDURES > SUBPART B—Hearings Pursuant to the Administrative Procedure Act (§26.28 to §26.56) > 26.35—Disqualification of ALJ.

26.35—Disqualification of ALJ.

(a) An ALJ in a particular case may disqualify himself or herself.
(b) A party may file with the ALJ a motion for the ALJ's disqualification. The motion shall be accompanied by an affidavit alleging the grounds for disqualification.
(c) Upon the filing of a motion and affidavit, the ALJ shall proceed no further in the case until the matter of disqualification is resolved.
(d) If the ALJ does not withdraw from the proceedings, a written statement of his or her reasons for electing not to withdraw shall be incorporated into the record and the hearing shall proceed.