§ 2.124.2270 — Disqualification of hearing officer

2.124.2270 Disqualification of hearing officer.

Any party may, without proof of cause, disqualify not more than one hearing officer in any proceeding prior to the taking of evidence at a hearing. In addition, a hearing officer shall either voluntarily or upon request disqualify himself or herself for cause and withdraw from any appeal in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any hearing officer for cause by filing an affidavit or making a sworn statement 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. The retirement hearing commission shall determine whether to grant the request for disqualification of a hearing officer if the hearing officer does not voluntarily disqualify himself or herself. (Prior code § 34.14.1406)