Section 125.100  Disqualification of Hearing Examiner

Any party to a hearing may file a timely written request for disqualification of a Hearing Examiner, setting forth therein the nature of the personal bias, prejudice, or other disqualification of a presiding Hearing Examiner, and such Hearing Examiner shall be thereupon disqualified.  When a Hearing Examiner is disqualified, or it becomes impractical for him to continue, another presiding Hearing Examiner shall be appointed in the manner provided for initial appointment, unless it is further shown that substantial bias or prejudice will result from the appointment.  A Hearing Examiner may at any time voluntarily disqualify himself.  A request for disqualification shall be considered timely if made within three days after receipt of the notice of the appointment of the Hearing Examiner by the party requesting the disqualification and at least 24 hours prior to the commencement of the hearing or pre-hearing conference by the Hearing Examiner; provided, however, that in the case of a complaint filed within 60 days preceding the date of an election in reference to which the complaint is filed, such request shall be considered timely only if verbal notice of the request is given to the General Counsel within eight hours after the requesting party has received telegraphic or telephonic notice of the appointment of the Hearing Examiner.

(Source:  Amended at 24 Ill. Reg. 14203, effective September 11, 2000)