California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 9 - Administrative Law Judges and Commissioners › Section 9.2 - (Rule 9.2) Motion for Reassignment on Peremptory Challenge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party to a proceeding preliminarily or
				  finally determined to be adjudicatory may file a motion, once only, for
				  automatic reassignment of that proceeding to another Administrative Law Judge
				  in accordance with the provisions of this subsection. The motion shall be filed
				  and served on all parties, and on the Chief Administrative Law Judge and the
				  President of the Commission. The motion shall be supported by declaration under
				  penalty of perjury (or affidavit by an out-of-state person) in substantially
				  the following form:
______________________________, [declares under penalty of
					 perjury:] That [s]he is [a party] [attorney for a party] to the above-captioned
					 adjudicatory proceeding. That [declarant] believes that [s]he cannot have a
					 [fair] [expeditious] hearing before Administrative Law Judge [to whom the
					 proceeding is assigned]. That declarant [or the party declarant represents] has
					 not filed, pursuant to Rule 9.2, any prior motion for reassignment on
					 peremptory challenge in the proceeding.
Dated ____________________, at
					 ______________________________, California.
______________________________
[Signature]
Where there is more than one complainant or similar party,
					 or more than one defendant or similar party, only one peremptory challenge for
					 each side may be made, and the declaration shall include a showing that either
					 (1) no previous peremptory challenge has been filed in the proceeding, or (2)
					 the interests of the moving party are substantially adverse to those of any
					 party who previously moved for reassignment under this rule.
(b) A party to a proceeding preliminarily or
				  finally determined to be ratesetting, or a person filing a concurrent motion to
				  become a party under Rule 1.4(a)(4), may file a motion, once only, for
				  reassignment of that proceeding to another Administrative Law Judge in
				  accordance with the provisions of this subsection; however, no more than two
				  reassignments pursuant to this subsection shall be permitted in the same
				  proceeding. The motion shall be filed and served as provided in subsection (a)
				  of this rule, and shall be supported by a declaration similar in form and
				  substance to that set forth in subsection (a) of this rule.
(c) Any motion filed pursuant to this rule
				  shall be filed no later than 10 days after the date of the notice of the
				  assignment or ruling, if any, on reassignment.
(d) The Chief Administrative Law Judge shall
				  issue either a ruling reassigning the proceeding to another Administrative Law
				  Judge or, in consultation with the President of the Commission, a ruling
				  explaining why the motion is not proper under this rule.
1.
					 Renumbering of former section
					 63.2 to new section
					 9.2, including amendment of
					 section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to
					 Government Code section
					 11351(a)
					 (Register 2006, No. 37).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701.2,
						Public Utilities Code.