---
kind: "section"
citation: "43 C.F.R. § 45.33"
title: "43"
number: "45.33"
heading: "Under what circumstances may the ALJ be disqualified?"
url: "https://uscodex.org/cfr/43/45.33"
---

# §45.33. Under what circumstances may the 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 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 decision.

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.