Discretionary withdrawal. A Judge may withdraw from a proceeding whenever he deems himself disqualified.
Request for withdrawal. Any party may request the Judge, at any time following his designation and before the filing of his decision, to withdraw on the ground of personal bias or disqualification, by filing with him promptly upon the discovery of the alleged facts an affidavit setting forth in detail the matters alleged to constitute grounds for disqualification.
Granting request. If, in the opinion of the Judge, the affidavit referred to in paragraph (b) of this section is filed with due diligence and is sufficient on its face, the Judge shall forthwith disqualify himself and withdraw from the proceeding.
Denial of request. If the Judge does not disqualify himself and withdraw from the proceedings, he shall so rule upon the record, stating the grounds for his ruling and shall proceed with the hearing, or, if the hearing has closed, he shall proceed with the issuance of his decision, and the provisions of 2200.90 shall thereupon apply.
[51 FR 32015, Sept. 8, 1986, as amended at 74 FR 63987, Dec. 7, 2009]