Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 50 - CONTESTED CASE HEARING RULES
Section 839-050-0160 - Disqualification of Administrative Law Judge

(1) An Administrative Law Judge may withdraw from a proceeding whenever the Administrative Law Judge determines disqualification to be necessary. Any party to any contested case may claim that the person designated as Administrative Law Judge is prejudiced against any party or counsel or the interest of any party or counsel appearing in such case. Such prejudice must be established by a motion supported by an affidavit establishing that the designated Administrative Law Judge is prejudiced against the party or counsel, or against the interest of the party or counsel, such that the party or counsel cannot, or believes that the party or counsel cannot, have a fair and impartial hearing before the Administrative Law Judge, and that it is made in good faith and not for the purpose of delay. Grounds upon which a motion may be made, or upon which the Administrative Law Judge may determine that disqualification is necessary, include but are not limited to a family relationship with the complainant or claimant or with any party or counsel, or a financial interest in the property or business of any of those individuals. The fact that the Administrative Law Judge is an employee of the Oregon Bureau of Labor and Industries is not a ground for disqualification of the Administrative Law Judge.

(2) The motion and affidavit must be filed together with the Contested Case Coordinator within 14 days after service of the notice of hearing with a copy to all other participants. No motion to disqualify an Administrative Law Judge may be made after the Administrative Law Judge has ruled upon any motion, other than a motion to extend time in the case, or after the hearing has commenced, whichever is earlier.

(3) The Administrative Law Judge will issue a written ruling on the motion for withdrawal or disqualification, setting forth the grounds therefore, within ten days of the receipt of the motion. The ruling will be sent to the commissioner, the Agency, and all parties.

(4) When an Administrative Law Judge has been disqualified, the commissioner will designate another Administrative Law Judge to preside over the contested case proceeding. The Forum will notify the participants of this designation.