§422.1026. Disqualification of Administrative Law Judge.
42 C.F.R. § 422.1026
An ALJ may not conduct a hearing in a case in which he or she is prejudiced or partial to the affected party or has any interest in the matter pending for decision.
A party that objects to the ALJ designated to conduct the hearing must give notice of its objections at the earliest opportunity.
The ALJ will consider the objections and decide whether to withdraw or proceed with the hearing.
If the ALJ withdraws, another ALJ will be designated to conduct the hearing.
If the ALJ does not withdraw, the objecting party may, after the hearing, present its objections to the Departmental Appeals Board as reasons for changing, modifying, or reversing the ALJ's decision or providing a new hearing before another ALJ.
Notes, amendments, and revision history
Source
Source: 72 FR 68726, Dec. 5, 2007, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.
Source
Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.