In re Jean F. Greene v. EPA Chief Judge Susan Biro, U.S. Environmental Protection Agency (EPA), EPA Office of Inspector General, and EPA Office of Administrative Law Judges, DOL OALJ No. 2002-SWD-00001, HUDALJ No. 02-01-NAL
ORDER OF REFERRAL
The United States Department of Labor's Chief Administrative Law Judge has referred the above-captioned matter to me with a recommendation that the Petitioners' appeal of Edward A. Slavin, Jr.'s disqualification as attorney for the Complainant Jean F. Greene pursuant to 29 C.F.R. § 18.36(b) be referred to the Administrative Review Board by special mandate under 29 C.F.R. § 18.1(b). See Holub v. H. Nash Babcock & King, Inc., 1993-ERA-25 (Sec'y Feb. 6, 1995). The reason for the recommended referral is that, although the applicable regulation provides for such an appeal to be decided by the Chief Judge, the unique circumstances of this particular case require his recusal and prevent referral to an Associate Chief Judge who would also require recusal from this case. Petitioners requested in their motion to recuse that either the Secretary or the ARB decide the appeal.
Accordingly, pursuant to 29 C.F.R. § 18.1(b), and in the interests of justice, I refer the instant appeal of disqualification to the ARB for decision.
