45.33—Under what circumstances may the ALJ be disqualified?
(b)
At any time before issuance of the ALJ's decision, any party may move that the ALJ disqualify himself or herself for personal bias or other valid cause.
(1)
The party must file the motion promptly after discovering facts or other reasons allegedly constituting cause for disqualification.
(2)
The party must file with the motion an affidavit or declaration setting forth the facts or other reasons in detail.
(1)
If the ALJ concludes that the motion is timely and meritorious, he or she must disqualify himself or herself and withdraw from the case.
(2)
If the ALJ does not disqualify himself or herself and withdraw from the case, the ALJ must continue with the hearing process and issue a decision.