SECTION 455:10-21-1. Administrative Law Judges

(a)   General. Administrative Law Judges shall be assigned by the Executive Director to preside over prehearing conferences and hearings. An Administrative Law Judge shall be fair and impartial and take all necessary action to avoid delay in the resolution and disposition of an appeal. An Administrative Law Judge shall have all powers necessary to that end which are not otherwise prohibited. An Administrative Law Judge shall be subject to the Commission Code of Conduct for Administrative Law Judges.

(b)   Withdrawal. An Administrative Law Judge shall withdraw from any appeal in which he or she can not be fair and impartial. The Executive Director shall be immediately notified of the withdrawal and reason for such withdrawal.

(c)   Disqualification. A party to an appeal may file a request seeking the disqualification of an Administrative Law Judge on the basis of inability to be fair or impartial. The request shall specifically state the reasons for such request and shall be filed as soon as the party making the request has reason to believe there is a basis for the disqualification and shall include an affidavit of service to all other parties. The Administrative Law Judge shall be provided an opportunity to respond. The Executive Director shall rule on the request and the decision is final and conclusive except as provided for the in the Administrative Procedures Act and OAC 455:10-3-20.

[Source: Amended and renumbered from 455:10-5-10 at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02]