Current through Register Vol. 54, No. 25, June 22, 2024
Section 1005.183 - 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 filed with the Clerk and 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 § 1005.131 (relating to interlocutory review generally).(f) Subsections (a)-(e) supersede 1 Pa. Code § 35.186 (relating to disqualification of a presiding officer). This section cited in 52 Pa. Code § 1005.181 (relating to designation of presiding officer).