[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR27.16]

[Page 301]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 27_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec. 27.16  Disqualification of the reviewing official or presiding 
officer.

    (a) A reviewing official or presiding officer in a particular case 
may disqualify himself or herself at any time.
    (b) A party may file a motion for disqualification of a reviewing 
official or presiding officer with the hearing clerk. Such motion shall 
be accompanied by an affidavit alleging personal bias or other reason 
for disqualification.
    (c) Such motion and affidavit shall be filed within 15 days of the 
party's discovery of reasons requiring disqualification, or such 
objections shall be deemed waived.
    (d) Such affidavit shall state specific facts that support the 
party's belief that personal bias or other reason for disqualification 
exists and the time and circumstances of the party's discovery of such 
facts. It shall be accompanied by a certificate of the representative of 
record that it is made in good faith.
    (e) Upon the filing of such a motion and affidavit, the presiding 
officer shall proceed no further in the case until he or she resolves 
the matter of disqualification in accordance with paragraph (f) of this 
section.
    (f)(1) If the presiding officer determines that the reviewing 
official is disqualified because the reviewing official could not have 
made an impartial determination pursuant to Sec. 27.5(a), the presiding 
officer shall dismiss the complaint without prejudice.
    (2) If the presiding officer disqualifies himself or herself, the 
case shall be reassigned promptly to another presiding officer.
    (3) If the presiding officer denies a motion to disqualify, the 
Environmental Appeals Board may determine the matter only as part of its 
review of the initial decision upon appeal, if any.

[45 FR 24363, Apr. 9, 1980, as amended at 57 FR 5326, Feb. 13, 1992]