[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1603.203]

[Page 177-178]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
                           Subpart B--Hearings
 
Sec. 1603.203  Unavailability or withdrawal of administrative law judges.

    (a) In the event the administrative law judge designated to conduct 
the hearing becomes unavailable or withdraws from the adjudication, 
another administrative law judge may be designated for the purpose of 
further hearing or issuing a decision on the record as made, or both.
    (b) The administrative law judge may withdraw from the adjudication 
at any time the administrative law judge deems himself or herself 
disqualified. Prior to issuance of the decision, any party may move that 
the administrative law judge withdraw on the ground

[[Page 178]]

of personal bias or other disqualification, by filing with the 
administrative law judge promptly upon discovery of the alleged facts an 
affidavit setting forth in detail the matters alleged to constitute 
grounds for withdrawal.
    (c) The administrative law judge shall rule upon the motion for 
withdrawal. If the administrative law judge concludes that the motion is 
timely and has merit, the administrative law judge shall immediately 
withdraw from the adjudication. If the administrative law judge does not 
withdraw, the adjudication shall proceed.