Or. Admin. R. 438-085-0750

Current through Register Vol. 63, No. 6, June 1, 2024

Section 438-085-0750 - Change of Administrative Law Judge

(1) The assigned Administrative Law Judge may withdraw from a case whenever they consider it appropriate.

(2) Any party may request that the assigned Administrative Law Judge remove themself from a case on the grounds of personal bias or conflict of interest. If the assigned Administrative Law Judge declines the request, the party may file with the Presiding Administrative Law Judge a motion for removal and supporting affidavit.

(3) If, in the opinion of the Presiding Administrative Law Judge, the motion for removal is filed with due diligence and the supporting affidavit is sufficient on its face, the Presiding Administrative Law Judge may, in their discretion, hold a hearing, and shall either grant or deny the motion.

Or. Admin. R. 438-085-0750

WCB 5-1973, f. & ef. 12-20-73; WCB 10-1974, f. 3-19-74, ef. 4-15-74; WCB 6-1977, f. 5-5-77, ef. 6-1-77; WCB 2-1982, f. 6-22-82, ef. 8-2-82; WCB 7-1987, f. 12-23-87, ef. 1-1-88; WCB 3-1997, f. 12-12-97, cert. ef. 3-1-98; WCB 21-2022, minor correction filed 03/15/2022, effective 3/15/2022

Statutory/Other Authority: ORS 655.726(4)

Statutes/Other Implemented: ORS 654.025 & 654.078