California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 2 - New Motor Vehicle Board
Article 1 - Administration
Section 551.1 - Challenge
An administrative law judge or board member shall voluntarily disqualify themself and withdraw from any hearing or deliberation in which a fair and impartial hearing or consideration cannot be accorded. Any party may request the disqualification of any administrative law judge or board member by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. Where the request concerns a board member, the issue shall be determined by the other members of the board. Where the request concerns the administrative law judge, the issue shall be determined by the board if the board itself hears the case with the administrative law judge, otherwise the issue shall be determined by the administrative law judge.
1. New
section filed 1-28-76 as an emergency; effective upon filing (Register 76, No.
5).
2. Certificate of Compliance filed 5-28-76 (Register 76, No.
22).
3. Change without regulatory effect amending section filed
12-31-2003 pursuant to section
100, title 1, California Code of
Regulations (Register 2004, No. 1).
4. Change without regulatory
effect amending section filed 5-31-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 22).
5. Change without regulatory
effect amending NOTE filed 6-26-2014 pursuant to section
100, title 1, California Code of
Regulations (Register 2014, No. 26).
6. Change without regulatory
effect amending section filed 8-22-2023 pursuant to section
100, title 1, California Code of
Regulations (Register 2023, No. 34).
Note: Authority cited: Section 3050, Vehicle Code. Reference: Sections 11425.40 and 11512, Government Code.
