TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1848 GENERAL RULES RELATING TO PROCEDURE AND PRACTICE
SECTION 1848.17 DISQUALIFICATION OF HEARING OFFICER


 

Section 1848.17  Disqualification of Hearing Officer

 

a)         A hearing officer, on his own motion or that of a party, may be disqualified in a proceeding due to bias or conflict of interest.

 

b)         A motion for disqualification filed pursuant to this Section shall:

 

1)         Be in writing;

 

2)         Contain a statement of supporting grounds; and

 

3)         Be filed with the Director and served upon all parties.

 

c)         Unless the Director orders otherwise, the hearing officer and any party to a proceeding in which a motion is filed under this Section shall have ten (10) days from service of the motion to file a response.

 

d)         The Director shall rule on all motions filed pursuant to this Section as expeditiously as possible.  If a motion filed under this Section is granted, the Director shall appoint a new hearing officer for the proceeding.