California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 1.2 - Hearings and Appeals
Article 6 - Evidentiary Hearing Process
Subarticle 1 - Administrative Law Judges
Section 56.3 - Disqualification of Presiding Officer or Board Member for Cause

Universal Citation: 2 CA Code of Regs 56.3

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A presiding officer shall perform his or her duties without bias or prejudice. A presiding officer shall dispose of all matters fairly, promptly, and efficiently.

(b) A presiding officer shall disqualify himself or herself in any proceeding in which disqualification is required by law, including those instances in which the presiding officer has a bias, prejudice, or interest in the proceeding.

(1) It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the presiding officer:
(A) is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group;

(B) has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding; or

(C) has as a lawyer or public official participated in the drafting of laws or regulations, the meaning, effect, or application of which is at issue in the proceeding.

(2) The parties may waive the disqualification by a writing that recites the grounds for disqualification. A waiver is effective only when signed by all parties, accepted by the presiding officer, and included in the record.

(c) A presiding officer shall disclose on the record information that is reasonably relevant to the question of disqualification, other than the information listed in subdivision (b)(1) of this section, even if the presiding officer believes there is no actual basis for disqualification.

(d) Any party may request the disqualification of any presiding officer by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that the presiding officer should be disqualified. The issue shall be determined by the Chief ALJ or his or her designee..

1. New section filed 8-14-2002; operative 8-14-2002 pursuant to Government Code section 18214 (Register 2002, No. 33).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 3-8-2006; operative 3-8-2006. Exempt from the Administrative Procedure Act pursuant to section 18211 of the Government Code and submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations pursuant to section 18214 of the Government Code (Register 2006, No. 10).
3. Renumbering of former section 56.3 to new section 67.4 and new section 56.3 filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
4. Amendment of section heading, section and NOTE filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).

Note: Authority cited: Section 18701, Government Code. Reference: Sections 18675 and 11512(c), Government Code.

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