SECTION 340:2-28-11. Disqualification of an administrative law judge

  Pursuant to statutory provisions and district court rules:

(1)   before filing any motion to disqualify an administrative law judge (ALJ), an in camera request must first be presented to the ALJ asking the ALJ to disqualify or to transfer the matter to another ALJ. If the request is not satisfactorily resolved, a motion to disqualify the ALJ or transfer the case to another ALJ may be filed with the Office of Administrative Hearings: Child Support (OAH). A copy of the motion must also be sent to the ALJ and all parties. The motion must be filed not less than ten days prior to the hearing or it is considered waived. Parties may request permission of OAH to extend this time period; and

(2)   any interested party who wishes to contest the refusal of the ALJ to grant the motion to disqualify or transfer the case to another ALJ may re-present a motion within five days of the date of refusal to the chief ALJ of OAH. A copy of the motion must also be sent to the ALJ who entered the original order and all interested parties. If the motion is to disqualify the chief ALJ, the party must re-present the motion, within the same five day limit, to OAH with a request to the general counsel, Oklahoma Department of Human Services, to assign an ALJ who is not the chief ALJ. A copy of this motion must be sent to the chief ALJ and to the opposing party. If the hearing before a second ALJ results in an adverse order, the moving party is granted five days in which to institute a proceeding in district court for a writ of mandamus. An order favorable to the moving party may not be reviewed by appeal or other method.

[Source: Added at 9 Ok Reg 113, eff 10-17-91 (emergency); Added at 9 Ok Reg 2761, eff 7-13-92; Amended at 20 Ok Reg 2033, eff 7-1-03]