Ga. Comp. R. & Regs. 120-2-2-.05

Current through Rules and Regulations filed through June 17, 2024

Rule 120-2-2-.05 - Adjudicator Impartiality, Recusal or Disqualification, or Unavailability

1.Impartiality. The Adjudicator must conduct her/his functions in an impartial manner.

2.Recusal of Adjudicator.

a.Recusal by Adjudicator. The Adjudicator may at any time recuse her/himself.

b.Disqualification Sought by Party.

i. Before the filing of the Adjudicator's decision, any party may move that the Adjudicator recuse her/himself on the ground of personal bias or basis for other disqualification by filing with the Adjudicator promptly upon discovery of the alleged facts an affidavit setting forth in detail the matters alleged to constitute grounds for disqualification.

ii. The Adjudicator must rule upon the motion, stating the grounds therefor. If the Adjudicator concludes that the motion is timely and has merit, the Adjudicator must promptly recuse her/himself and withdraw from the adjudication. If (s)he does not recuse her/himself and withdraw from the adjudication, (s)he must proceed with the adjudication.

iii. A party may seek review of the Adjudicator's denial of a motion for disqualification only at the conclusion of the adjudication, unless the requirements of Rule 120-2-2-.45 (Interlocutory Review) are satisfied.

3.Unavailability of Adjudicator. If the Commissioner finds that the Adjudicator is unable to perform her/his duties or otherwise becomes unavailable, the Commissioner must designate another adjudicator to serve.

Ga. Comp. R. & Regs. R. 120-2-2-.05

O.C.G.A. § 33-2-9et seq.

Original Rule entitled "Declaratory Rulings" was filed and effective on July 20, 1965.

Repealed: New Rule entitled "Adjudicator Impartiality, Recusal or Disqualification, or Unavailability" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.