N.Y. Comp. Codes R. & Regs. tit. 17 § 503.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 503.9 - Disqualification of presiding officer

(a) Notwithstanding any other rule or regulation, any party to a proceeding or any person having an interest therein may file a motion seeking to disqualify the presiding officer assigned to the proceeding.

(b) A motion to disqualify shall be made to the administrative law judge and be supported by affidavits setting forth the grounds for disqualification. Answering affidavits may be submitted by the presiding officer within five days of the date of the submission of the motion.

(c) A determination on the motion will be made by the administrative law judge as soon thereafter as is practicable, but before the record in the proceeding is closed.

(d) The decision on the motion and any documents submitted with regard thereto will be deemed to be part of the record of the proceeding and subject to judicial review.

(e) Notwithstanding any other provision herein, a presiding officer may disqualify himself or herself upon written request to and approval of the administrative law judge.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 503.9

Amended New York State Register February 1, 2017/Volume XXXIX, Issue 05, eff. 2/1/2017