                                 CODE OF VIRGINIA

DISQUALIFICATION (§ 2.2-4024.1)

A. An individual who has served as investigator, prosecutor, or advocate at any
stage in a contested case or who is subject to the authority, direction, or
discretion of an individual who has served as investigator, prosecutor, or
advocate at any stage in a contested case may not serve as the presiding officer
or hearing officer in the same case. An agency head who has participated in a
determination of probable cause or other preliminary determination in an
adjudication may serve as the presiding officer in the adjudication unless a
party demonstrates grounds for disqualification under subsection B.

B. A presiding officer or hearing officer is subject to disqualification for any
factor that would cause a reasonable person to question the impartiality of the
presiding officer or hearing officer, which may include bias, prejudice,
financial interest, or ex parte communications; however, the fact that a hearing
officer is employed by an agency as a hearing officer, without more, is not
grounds for disqualification. The presiding officer or hearing officer, after
making a reasonable inquiry, shall disclose to the parties all known facts
related to grounds for disqualification that are material to the impartiality of
the presiding officer or hearing officer in the proceeding. The presiding
officer or hearing officer may self-disqualify and withdraw from any case for
reasons listed in this subsection.

C. A party may petition for the disqualification of the presiding officer or
hearing officer promptly after notice that the person will preside or, if later,
promptly on discovering facts establishing a ground for disqualification. The
petition must state with particularity the ground on which it is claimed that a
fair and impartial hearing cannot be accorded or the applicable rules of ethics
that require disqualification. The petition may be denied if the party fails to
promptly request disqualification after discovering a ground for
disqualification.

D. A presiding officer not appointed pursuant to the provisions of &#xA7;
2.2-4024, whose disqualification is requested shall decide whether to grant the
petition and state in a record the facts and reasons for the decision. The
decision to deny disqualification by a hearing officer appointed pursuant to
&#xA7; 2.2-4024 shall be reviewable according to the procedure set forth in
subsection C of &#xA7; 2.2-4024. In all other circumstances, the presiding
officer&#8217;s or hearing officer&#8217;s decision to deny disqualification is
subject to judicial review in accordance with this chapter, but is not otherwise
subject to interlocutory review.

HISTORY: 2015, c. 636.