4-5-302 - Disqualification of judge, hearing officer, etc. Substitutions. - Tennessee Statutes

4-5-302. Disqualification of judge, hearing officer, etc. Substitutions.

(a)  Any administrative judge, hearing officer or agency member shall be subject to disqualification for bias, prejudice, interest or any other cause provided in this chapter or for any cause for which a judge may be disqualified.

(b)  Any party may petition for the disqualification of an administrative judge, hearing officer or agency member promptly after receipt of notice indicating that the individual will serve or, if later, promptly upon discovering facts establishing grounds for disqualification.

(c)  A party petitioning for the disqualification of an agency member shall not be allowed to question the agency member concerning the grounds for disqualification at the hearing or by deposition unless ordered by the administrative judge or hearing officer conducting the hearing and agreed to by the agency member.

(d)  The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination.

(e)  If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute shall be appointed, unless otherwise provided by law by:

     (1)  The governor, if the unavailable individual is a cabinet member or elected official, except that the speakers of the senate and house of representatives shall appoint a substitute for individuals elected by the general assembly; or

     (2)  The appointing authority, if the unavailable individual is an appointed official.

(f)  Any action taken by a duly appointed substitute for an unavailable individual shall be as effective as if taken by the unavailable individual.

[Acts 1982, ch. 874, § 38.]