Regulations last checked for updates: Nov 22, 2024

Title 27 - Alcohol, Tobacco Products and Firearms last revised: Nov 15, 2024
§ 71.96 - Disqualification.
Link to an amendment published at 89 FR 87952, Nov. 6, 2024.

An administrative law judge shall, at any time, withdraw from any proceeding if he deems himself disqualified; and upon the filing in good faith by the applicant or respondent, or by the attorney for the Government, of a timely and sufficient affidavit of facts showing personal bias or otherwise warranting the disqualification of any administrative law judge, the Administrator shall upon appeal as provided in § 71.115, if the administrative law judge fails to disqualify himself, determine the matter as a part of the record and decision in the proceeding. If he decides the administrative law judge should have declared himself disqualified, he will remand the record for hearing de novo before another administrative law judge. If the Administrator should decide against the disqualification of the administrative law judge, the proceeding will be reviewed on its merits.

authority: 26 U.S.C. 5271,5181,5712,5713,7805,27.S.C. 204
source: 21 FR 1441, Mar. 6, 1956, unless otherwise noted. Redesignated at 40 FR 16835, Apr. 15, 1975, and further redesignated by T.D. ATF-463, 66 FR 42734, Aug. 15, 2001.
cite as: 27 CFR 71.96