16 C.F.R. § 4.17

(a) Applicability. This section applies to all motions seeking the disqualification of a Commissioner from any adjudicative or rulemaking proceeding.

(b) Procedures. (1) Whenever any participant in a proceeding shall deem a Commissioner for any reason to be disqualified from participation in that proceeding, such participant may file with the Secretary a motion to the Commission to disqualify the Commissioner, such motion to be supported by affidavits and other information setting forth with particularity the alleged grounds for disqualification.

(2) Such motion shall be filed at the earliest practicable time after the participant learns, or could reasonably have learned, of the alleged grounds for disqualification.

(3)(i) Such motion will be addressed in the first instance by the Commissioner whose disqualification is sought. The Commissioner must inform agency ethics officials of the motion.

(ii) In the event such Commissioner declines to recuse himself or herself from further participation in the proceeding, he or she must issue a written statement explaining the reasons for this decision and provide it to the other Commissioners. The Commission will then determine the motion without the participation of such Commissioner, and must issue an order ruling on the motion that sets forth the Commission's reasons for its decision. Both the Commissioner statement and Commission order will be made part of the public record, consistent with § 4.9.

(c) Standards. Such motion shall be determined in accordance with legal standards applicable to the proceeding in which such motion is filed.