Rules of Practice for Adjudicative Proceedings, Disqualification of Administrative Law Judge
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Title 16— Commercial Practices CHAPTER I— FEDERAL TRADE COMMISSION PART 3—-RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Disqualification of Administrative Law Judge The Commission announces the fol lowing amendment to Part 3 of Sub chapter A of Chapter I of Title 16 of the Code of Federal -Regulations to permit Administrative Law Judges to consider whether they should recuse themselves from an adjudicative proceeding. Section 3.4(g) (2) Is amended to read as follows:
FEDERAL REGISTER, VOL. 41, NO. 39— THURSDAY, FEBRUARY 26, 1976
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RULES AND REGULATIONS § 3.42 Presiding officials.
* * * « * (g) Disqualification of Administrative Law Judge. * * * (2) Whenever any party shall deem the Administrative Law Judge for any reason to be disqualified to preside, or to continue to preside, in a particular proceeding, such party may file with the Secretary a motion addressed to the Administrative Law Judge to disqualify and remove him, such motion to be sup ported by affidavits setting forth the al leged grounds for disqualification. If the Administrative Law Judge does not dis qualify himself within ten (10) days, he shall certify the-motion to the Commis sion, together with any statement he may wish to have considered by the Com mission. The Commission shall promptly determine the validity of the grounds alleged, either directly or on the report of another Administrative Law Judge appointed to conduct a hearing for that purpose.
* * * * * The above amendment is effective on February 26, 1976.
(Sec. 6, 38 Stat. 721 (15 U.S.C. 46), 80 Stat. 383, as amended, 81 Stat. 54 (5 U.S.C. 552) ) By direction of the Commission dated February 17, 1976.
Charles A. T obin, Secretary.
[FR Doc.76-5494 Filed 2-25-76;8:45 am]