4 NYCRR 212.8

Recusal

Source version current through Oct 7, 2026

Source details

Recusal

(a)An administrative law judge may recuse themselves from a case whenever they believe it to

be appropriate.

(b)Any party to a proceeding may file a motion with the assigned administrative law judge

requesting that the administrative law judge recuse themselves from further participation in that

case. A motion for recusal shall be made as soon as reasonably possible after the basis for such

motion becomes known to the party making it. Unless made at hearing, such motion shall be

filed with the administrative law judge with proof of service of a copy upon all other parties and

shall set forth all the known grounds for the motion. Unless such motion is made at a hearing,

any party may file a response to such motion within five working days of its receipt of a copy

thereof, with proof of service of a copy of the response on all other parties, unless otherwise

directed by the administrative law judge.

(c)Motions for recusal made at a hearing, and responses thereto, shall be made upon such terms

as the administrative law judge shall direct. The administrative law judge’s ruling on the motion

shall be made either in writing or on the record at the hearing. The ruling, the recusal motion

and any response shall be part of the record of the proceeding.