§ 5060. Disqualification of Administrative Law Judge.
22 CA ADC § 5060Barclays Official California Code of Regulations
22 CCR § 5060
§ 5060. Disqualification of Administrative Law Judge.
(b) An administrative law judge who is subject to disqualification shall voluntarily disqualify himself or herself from a proceeding, unless all parties participating in the proceeding waive the disqualification. A disqualification may not be waived if it is for bias or prejudice, if the administrative law judge has been a material witness concerning the proceeding, if the disqualification is required by Government Code section 11425.30, or if waiver is otherwise prohibited by law.
(c) A party may apply for the disqualification of an administrative law judge by promptly filing an affidavit specifying the grounds upon which it is claimed that the administrative law judge is subject to disqualification. An administrative law judge shall be disqualified from a proceeding if it is determined upon such an application that the administrative law judge is subject to disqualification. An application for disqualification of an administrative law judge shall be decided by a presiding administrative law judge or the chief administrative law judge. An application for disqualification of a presiding administrative law judge shall be decided by the chief administrative law judge. An application for disqualification of the chief administrative law judge shall be decided by the chairperson.
Credits
Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
History
1. Renumbering of former section 5046 to new section 5060, including amendment of section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 5060, 22 CA ADC § 5060
End of Document |