---
kind: "section"
citation: "40 C.F.R. § 179.75"
title: "40"
number: "179.75"
heading: "Disqualification of deciding officials."
url: "https://uscodex.org/cfr/40/179.75"
---

# §179.75. Disqualification of deciding officials.

- (a) 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.
- (b) 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.
- (c) A deciding official who is aware of grounds for disqualification shall withdraw from the proceeding.

## Notes

### 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.