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<section number="13-1150" name="Impartiality" law="code" slug="sec-13-1150" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV15ADHE_SD4HEPR_S13-1150IM">
  <level label="a">
    <text>In general. An Administrative Hearing Officer should disqualify himself or herself from any hearing in which the Administrative Hearing Officer's impartiality might reasonably be questioned, including any instances in which the Administrative Hearing Officer:</text>
    <level label="1">
      <text>has a personal bias or prejudice about a party;</text>
    </level>
    <level label="2">
      <text>has personal knowledge of disputed evidentiary facts in the proceeding;</text>
    </level>
    <level label="3">
      <text>served as a lawyer in the matter in controversy or was professionally associated with another person while that person served as a lawyer in the matter in controversy;</text>
    </level>
    <level label="4">
      <text>has been a material witness to the matter;</text>
    </level>
    <level label="5">
      <text>has a financial interest in the subject matter in controversy or in a party to the proceeding;</text>
    </level>
    <level label="6">
      <text>has any other interest that could be substantially affected by the outcome of the proceeding;</text>
    </level>
    <level label="7">
      <text>knows that his or her spouse or dependent child:</text>
      <level label="A">
        <text>is serving as a lawyer in the matter in controversy or is professionally associated with another person who is serving as a lawyer in the matter in controversy;</text>
      </level>
      <level label="B">
        <text>is likely to be a material witness in the proceeding;</text>
      </level>
      <level label="C">
        <text>has a financial interest in the subject matter in controversy or in a party to the proceeding; or</text>
      </level>
      <level label="D">
        <text>has any other interest that could be substantially affected by the outcome of the proceeding; or</text>
      </level>
    </level>
    <level label="8">
      <text>any other reason creating a conflict of interest.</text>
    </level>
  </level>
  <level label="b">
    <text>Motion to disqualify.</text>
    <level label="1">
      <text>A party may request that an Administrative Hearing Officer disqualify him- or herself for good cause shown. The request shall be ruled on by the Administrative Hearing Officer in the proceeding.</text>
    </level>
    <level label="2">
      <text>If the Administrative Hearing Officer denies the request, the party may obtain a brief adjournment to seek review by the Hearing Administrator.</text>
    </level>
  </level>
  <level label="c">
    <text>Notice of disqualification. When an Administrative Hearing Officer disqualifies him- or herself from a proceeding, the Administrative Hearing Officer shall do so on the record and shall notify the Hearing Administrator of the recusal.</text>
  </level>
  <level label="d">
    <text>Replacement. On disqualification of an Administrative Hearing Officer, the Hearing Administrator shall appoint another Administrative Hearing Officer to conduct the hearing.</text>
  </level>
</section>
