§179.75. Disqualification of deciding officials.
40 C.F.R. § 179.75
A deciding official in a hearing under this part (including, e.g., the Administrator, judicial officer, or presiding officer) shall not decide any matter in connection with which he or she has a financial interest in any of the parties, or a relationship that would make it otherwise inappropriate for him or her to act.
A party may request that a deciding official disqualify himself/herself and withdraw from the proceeding. The party may obtain interlocutory review by the Administrator of a denial of such a request made to any deciding official other than the Administrator.
A deciding official who is aware of grounds for disqualification shall withdraw from the proceeding.
Notes, amendments, and revision history
Authority
Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.
Source
Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.