Section 2: Rules of General Application
Chapter 13: Disqualification or Recusal of an Examiner
(a) In the interest of fairness to the parties, an Examiner may, on the Examiner’s own initiative, be recused from hearing a particular matter in the event of personal bias, prejudice, financial interest, or other substantial reason.
(b) A party may request the disqualification or recusal of the Examiner and the appointment of a different Examiner to hear a particular matter. The request must be in writing or on the record, submitted at least seven (7) days prior to the day the hearing is to begin or as soon as reasonably possible after the basis for disqualification is known. The request must set forth the reasons for the belief that personal bias, prejudice, financial interest, or other substantial reason supported by law for disqualification or recusal exists. The fact that the Examiner has considered the same or a similar proposal in another hearing, or has made a ruling adverse to the interests of a party in this or another hearing, or has considered and ruled upon the same or a similar issue in the same or similar context, shall not be a basis for disqualification.
(c) In case of disqualification or recusal, a Hearing Examiner Pro Tem shall be assigned to hear the matter. If the Hearing Examiner Pro Tem is not available for the scheduled hearing date the hearing shall be rescheduled to an available date.