C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart B—General Rules Relating to Procedures and Practice

43 C.F.R. § 4.29

Disqualification of presiding officers and board members

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(a) A presiding officer or Board member must withdraw from a case if circumstances exist that would disqualify a judge under the recognized canons of judicial ethics.

(b) A party may file a motion seeking the disqualification of a presiding officer or Board member, setting forth in detail the circumstances that the party believes require disqualification. Any supporting facts must be established by affidavit or other sufficient evidence. The moving party must also send a copy of the motion to the Director.

(c) The chief judge of the appropriate OHA unit or the Director may decide whether disqualification is required if the presiding officer or Board member does not withdraw under paragraph (a) of this section or in response to a motion under paragraph (b) of this section.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: DCOR LLC v. The United States Dep't of the Interior (N.D. Tex. 2023).
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DCOR LLC v. The United States Dep't of the Interior (N.D. Tex. 2023). “” 43 C.F.R. § 4.29 . Accordingly, the Court determines the IBLA 1s the appropriate agency to remand for reconsideration.”
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