(a) The full Commission will ordinarily be the presiding officer at a hearing under this part. However, the Commission may provide in a hearing notice that one or more Commissioners, or any other person as provided by law, will preside.
(b) A participant may submit a written motion for the disqualification of any person presiding. The motion shall be supported by affidavit setting forth the alleged grounds for disqualification. If the presiding officer does not grant the motion or the person does not disqualify himself, the Commission will decide the matter.
(c) If any presiding officer designated by the Commission deems himself disqualified, he shall withdraw by notice on the record after notifying the Commission.
(d) If a presiding officer becomes unavailable, the Commission will designate a replacement.
(e) Any motion concerning the designation of a replacement presiding officer shall be made within 5 days after the designation.
(f) Unless otherwise ordered by the Commission, the jurisdiction of a presiding officer other than the Commission commences as designated in the hearing notice and terminates upon certification of the hearing record to the Commission, or when the presiding officer is disqualified.
authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 189, 223, 234 (
42 U.S.C. 2014,
2071,
2073,
2074,
2077,
2092,
2093,
2094,
2095,
2111,
2112,
2133,
2134,
2139,
2141,
2151,
2152,
2153,
2154,
2155,
2156,
2157,
2158,
2160c,
2160d,
2201,
2210h,
2231,
2232,
2233,
2234,
2236,
2237,
2239,
2273,
2282; Energy Reorganization Act of 1974, sec. 201 (
42 U.S.C. 5841); Administrative Procedure Act (
5 U.S.C. 552,
553;
42 U.S.C. 2139a,
2155a;
44 U.S.C. 3504 note
source: 43 FR 21641, May 19, 1978, unless otherwise noted.
cite as: 10 CFR 110.104