Regulations last checked for updates: May 02, 2024

Title 24 - Housing and Urban Development last revised: Apr 23, 2024
§ 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.

authority: 42 U.S.C. 3535(d)
source: 73 FR 76833, Dec. 17, 2008, unless otherwise noted.
cite as: 24 CFR 26.35