OAR 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.

Source: Rule 839-050-0160 — Disqualification of Administrative Law Judge, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0160.

839–050–0000
Statement of Purpose 839–050–0010
Model Rules of Procedure 839–050–0020
Definitions 839–050–0030
Service of Documents 839–050–0040
Filing of Documents with the Contested Case Coordinator 839–050–0050
Timeliness 839–050–0060
Charging Documents 839–050–0070
Request for a Contested Case Hearing 839–050–0080
Notice of Hearing 839–050–0090
Location of Contested Case Hearings 839–050–0100
Information for Contested Case Hearings 839–050–0110
Representation of a Party in a Contested Case Proceeding 839–050–0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding 839–050–0130
Responsive Pleadings 839–050–0140
Amendments 839–050–0150
Motions 839–050–0160
Disqualification of Administrative Law Judge 839–050–0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons 839–050–0190
Consolidation of Contested Case Proceedings 839–050–0200
Discovery 839–050–0210
Case Summary 839–050–0220
Informal Disposition of Contested Case 839–050–0230
Authority of the Administrative Prosecutor 839–050–0240
Responsibilities of the Administrative Law Judge 839–050–0250
Conduct of Hearings 839–050–0255
Telephone Hearings 839–050–0260
Evidence 839–050–0270
Exhibits 839–050–0280
Stipulation 839–050–0290
Witnesses 839–050–0300
Interpreters and Assistive Communication Devices 839–050–0310
Ex Parte Communications 839–050–0320
Official Notice 839–050–0330
Default 839–050–0340
Relief from Default 839–050–0350
Record of Proceeding 839–050–0360
Post-Hearing Briefs 839–050–0370
Proposed Orders 839–050–0380
Exceptions to Proposed Order 839–050–0400
Agency Policy 839–050–0410
Reopening the Contested Case Record 839–050–0420
Final Order 839–050–0430
Final Order by Default 839–050–0445
Proceedings on Prevailing Wage Rate Determinations 839–050–0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0160’s source at or​.us