---
kind: "section"
citation: "24 C.F.R. § 26.35"
title: "24"
number: "26.35"
heading: "Disqualification of ALJ."
url: "https://uscodex.org/cfr/24/26.35"
---

# §26.35. Disqualification of ALJ.

- (a) An ALJ in a particular case may disqualify himself or herself.
- (b) A party may file with the ALJ a motion for the ALJ's disqualification. The motion shall be accompanied by an affidavit alleging the grounds for disqualification.
- (c) Upon the filing of a motion and affidavit, the ALJ shall proceed no further in the case until the matter of disqualification is resolved.
- (d) If the ALJ does not withdraw from the proceedings, a written statement of his or her reasons for electing not to withdraw shall be incorporated into the record and the hearing shall proceed.

## Notes

### Authority

Authority: 42 U.S.C. 3535(d).

### Source

Source: 73 FR 76833, Dec. 17, 2008, unless otherwise noted.