Disqualification of Hearing Officer

A hearing officer or agency member shall voluntarily disqualify himself and withdraw from any case in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any hearing officer or agency member by filing an affidavit prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. Where the request concerns an agency member, the agency shall determine the issue if it hears the case with the hearing officer, otherwise the hearing officer shall determine the issue. If the disqualification would prevent the existence of a quorum qualified to act in the particular case, an agency member shall not withdraw voluntarily or be subject to disqualification.