OAR 860-001-0100: Impartiality

(1) An ALJ may be disqualified from presiding over specific proceedings for the same reasons and under the same circumstances as specified in JR 3.10. of the Oregon Code of Judicial Conduct. (2) A party may move for disqualification of an ALJ if the ALJ’s impartiality may reasonably be questioned. The motion must be filed within 15 days after the party learns of the facts supporting the disqualification and contain grounds for supporting the motion. Written responses to the motion for disqualification must be filed within 7 days of receipt of the motion. An ALJ other than the presiding ALJ will rule on the motion. (3) The parties may waive any ground for disqualification after it is fully disclosed on the record, either expressly in writing or orally on the record, or by failing to move for disqualification within the time limits in section (2) of this rule. (4) An ALJ’s disqualification does not automatically affect the validity of rulings or orders issued prior to the filing of the motion for disqualification.