---
kind: "section"
citation: "16 C.F.R. § 4.17"
title: "16"
number: "4.17"
heading: "Disqualification of Commissioners."
url: "https://uscodex.org/cfr/16/4.17"
---

# §4.17. Disqualification of Commissioners.

- (a) **Applicability.** This section applies to all motions seeking the disqualification of a Commissioner from any adjudicative or rulemaking proceeding.
- (b) **Procedures.**
  - (1) Whenever any participant in a proceeding shall deem a Commissioner for any reason to be disqualified from participation in that proceeding, such participant may file with the Secretary a motion to the Commission to disqualify the Commissioner, such motion to be supported by affidavits and other information setting forth with particularity the alleged grounds for disqualification.
  - (2) Such motion shall be filed at the earliest practicable time after the participant learns, or could reasonably have learned, of the alleged grounds for disqualification.
  - (3)
    - (i) Such motion shall be addressed in the first instance by the Commissioner whose disqualification is sought.
    - (ii) In the event such Commissioner declines to recuse himself or herself from further participation in the proceeding, the Commission shall determine the motion without the participation of such Commissioner.
- (c) **Standards.** Such motion shall be determined in accordance with legal standards applicable to the proceeding in which such motion is filed.

## Notes

### Amendments

[46 FR 45750, Sept. 15, 1981]

### Authority

Authority: 15 U.S.C. 46.

### Amendments

[46 FR 45750, Sept. 15, 1981]