Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 1354 (February 26, 2022).

52 Pa. Code § 5.482. Disqualification of a presiding officer.

§ 5.482. Disqualification of a presiding officer.

 (a)  A party may file a motion for disqualification of a presiding officer which shall be accompanied by affidavits alleging personal bias or other disqualification.

 (b)  A presiding officer may withdraw from a proceeding when deemed disqualified in accordance with law.

 (c)  A motion for disqualification shall be served on the presiding officer and the parties to the proceeding.

 (d)  The presiding officer will rule upon a motion for disqualification within 30 days of receipt. Failure to rule upon a motion for disqualification within 30 days of its receipt will be deemed to be a denial of the motion.

 (e)  The ruling of the presiding officer on a motion for disqualification is subject to the interlocutory appeal procedure in §  5.303 (relating to Commission action on petition for interlocutory review and answer).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code §  35.186 (relating to disqualification of a presiding officer).

Authority

   The provisions of this §  5.482 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

Source

   The provisions of this §  5.482 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225713).



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