Background

This transmittal amends section I-2-1 of the Hearings, Appeals and Litigation Law (HALLEX) manual to clarify when an Administrative Law Judge (ALJ) should disqualify or recuse themself from adjudicating a case.

Explanation of Content and Changes

This transmittal revises HALLEX I-2-1-60 as follows:

I-2-1-60 – We made editorial changes and incorporated inclusive language throughout the section.

I-2-1-60 A – We added language noting that ALJs must adhere to ethics rules governing when Federal employees must recuse themselves from an official matter, and we noted that agency employees may seek fact-specific guidance from an agency ethics attorney in such situations. We added language to clarify the meaning of an “interest in the matter pending for decision,” which prompts mandatory disqualification or recusal of an ALJ. We noted that an ALJ may withdraw from a case if the ALJ's participation in the case would give an appearance of impropriety, and we provided a definition of the appearance of impropriety. However, we noted that disqualification is not a matter of personal preference or reluctance to handle a particular case and that it must only occur when necessary and when the ALJ has reasonable and proper grounds for disqualifying themself. Additionally, we removed specific examples of situations that may require recusal.

I-2-1-60 B – We added a NOTE to I-2-1-60 B.2.c., instructing ALJs to consult HALLEX I-2-1-55 F.2 when determining whether a new hearing is needed when a new ALJ is assigned to a claim after a hearing has already been held.

Date: August 13, 2024