---
kind: "section"
citation: "43 C.F.R. § 4.1016"
title: "43"
number: "4.1016"
heading: "When can an ALJ be disqualified?"
url: "https://uscodex.org/cfr/43/4.1016"
---

# §4.1016. When can an ALJ be disqualified?

- (a) The ALJ may withdraw from a case at any time the ALJ deems himself or herself disqualified.
- (b) At any time before issuance of the ALJ's recommended decision, any party may move that the ALJ disqualify himself or herself for personal bias or other valid cause.
  - (1) The party must file the motion promptly after discovering facts or other reasons allegedly constituting cause for disqualification.
  - (2) The party must file with the motion an affidavit or declaration setting forth the facts or other reasons in detail.
- (c) The ALJ must rule upon the motion, stating the grounds for the ruling.
  - (1) If the ALJ concludes that the motion is timely and meritorious, he or she must disqualify himself or herself and withdraw from the case.
  - (2) If the ALJ does not disqualify himself or herself and withdraw from the case, the ALJ must continue with the hearing process and issue a recommended decision.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.