Current through Register Vol. 54, No. 45, November 9, 2024
Section 5.482 - Disqualification of a presiding officer(a) A party may file a motion for disqualification of a presiding officer which shall be accompanied by affidavits alleging personal bias or other disqualification.(b) A presiding officer may withdraw from a proceeding when deemed disqualified in accordance with law.(c) A motion for disqualification shall be served on the presiding officer and the parties to the proceeding.(d) The presiding officer will rule upon a motion for disqualification within 30 days of receipt. Failure to rule upon a motion for disqualification within 30 days of its receipt will be deemed to be a denial of the motion.(e) The ruling of the presiding officer on a motion for disqualification is subject to the interlocutory appeal procedure in § 5.303 (relating to Commission action on petition for interlocutory review and answer).(f) Subsections (a)-(e) supersede 1 Pa. Code §35.186 (relating to disqualification of a presiding officer).The provisions of this §5.482 adopted October 12, 1984, effective 1/1/1985, 14 Pa.B. 3819; amended January 24, 1997, effective 1/25/1997, 27 Pa.B. 414; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097.The provisions of this §5.482 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.