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. |