16 CFR §4.17
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Applicability. This section applies to all motions seeking the disqualification of a Commissioner from any adjudicative or rulemaking proceeding.
- (b)Procedures.
- (1)Whenever any participant in a proceeding shall deem a Commissioner for any reason to be disqualified from participation in that proceeding, such participant may file with the Secretary a motion to the Commission to disqualify the Commissioner, such motion to be supported by affidavits and other information setting forth with particularity the alleged grounds for disqualification.
- (2)Such motion shall be filed at the earliest practicable time after the participant learns, or could reasonably have learned, of the alleged grounds for disqualification.
- (3)
- (i)Such motion shall be addressed in the first instance by the Commissioner whose disqualification is sought.
- (ii)In the event such Commissioner declines to recuse himself or herself from further participation in the proceeding, the Commission shall determine the motion without the participation of such Commissioner.
- (c)Standards. Such motion shall be determined in accordance with legal standards applicable to the proceeding in which such motion is filed.