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Content Last Revised: 1/19/01
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20  

Employees' Benefits

 

Chapter VI  

Employment Standards Administration, Department of Labor

 

 

Part 725  

Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended

 

 

 

Subpart D  

Adjudication Officers; Parties and Representatives


20 CFR 725.352 - Disqualification of adjudication officer.

  • Section Number: 725.352
  • Section Name: Disqualification of adjudication officer.

    (a) No adjudication officer shall conduct any proceedings in a 
claim in which he or she is prejudiced or partial, or where he or she 
has any interest in the matter pending for decision. A decision to 
withdraw from the consideration of a claim shall be within the 
discretion of the adjudication officer. If that adjudication officer 
withdraws, another officer shall be designated by the Director or the 
Chief Administrative Law Judge, as the case may be, to complete the 
adjudication of the claim.
    (b) No adjudication officer shall be permitted to appear or act as 
a representative of a party under this part while such individual is 
employed as an adjudication officer. No adjudication officer shall be 
permitted at any time to appear or act as a representative in 
connection with any case or claim in which he or she was personally 
involved. No fee or reimbursement shall be awarded under this part to 
an individual who acts in violation of this paragraph.
    (c) No adjudication officer shall act in any claim involving a 
party which employed such adjudication officer within one year before 
the adjudication of such claim.
    (d) Notwithstanding paragraph (a) of this section, no adjudication 
officer shall be permitted to act in any claim involving a party who is 
related to the adjudication officer by consanguinity or affinity within 
the third degree as determined by the law of the place where such party 
is domiciled. Any action taken by an adjudication officer in knowing 
violation of this paragraph shall be void.
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