Okla. Admin. Code § 810:10-5-52

Current through Vol. 42, No. 4, November 1, 2024

Section 810:10-5-52 - Disqualification of assigned Administrative Law Judge

(a) Any party who feels that a fair and impartial administrative hearing or other hearing cannot be received from the Administrative Law Judge to whom the matter is assigned, shall make written motion requesting the judge to withdraw from the case. That application shall set forth specific reasons constituting good cause for the motion. The Administrative Law Judge may withdraw by written order without further proceeding and immediately refer the matter to the Executive Director for reassignment.

(b) Any party aggrieved by an order of an Administrative Law Judge who refused to grant a written request to disqualify, or transfer a claim to the Executive Director for reassignment, may seek corrective relief by invoking the jurisdiction of the Commission en banc in the manner and within the time provided by 85A O.S. § 78, with appeal possible thereafter to the Oklahoma Supreme Court if the relief sought by the petitioner was denied by the Commission en banc.

(c) An order of the assigned Administrative Law Judge or the Commission en banc which is favorable to the moving party may not be reviewed in any tribunal either by appeal or in any other procedural framework.

Okla. Admin. Code § 810:10-5-52

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015