Section 100.185  Disqualification of Administrative Law Judges

a)         An Administrative Law Judge may, on their own motion, recuse themselves from presiding over a matter due to conflict of interest or bias.

b)         At any time prior to the issuance of the ALJ's final decision or recommendation, a Party may file a motion to disqualify the ALJ for bias or conflict of interest.  An adverse ruling made by an ALJ, in and of itself, shall not constitute bias or conflict of interest.  The motion shall set forth the alleged grounds of bias or conflict of interest and shall include supporting affidavits.  A different ALJ shall have 7 days after the motion was filed to enter a written ruling, which shall be served on all Parties.  An adverse ruling or rulings rendered against the Party or its representative in any previous matter shall not, in and of themselves, constitute sufficient grounds for disqualification under this Section.

c)         If the motion to disqualify is denied, the moving Party may request the decision be reviewed by the Secretary or Director.