CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Bias or Prejudice/Motion to Disqualify

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1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.07000 – Bias or Prejudice/Motion to Disqualify

OVERRULED IN PART ON OTHER GROUNDS BY Trustees of the California State University (2024) PERB Decision No. 2915-H, pp. 20-21.

Alleged bias against a legal representative, rather than a party, is insufficient grounds for disqualification of ALJ under PERB Regulation 32155(a)(4). Mere existence of a lawsuit filed by legal representative in which ALJ was named, without proof of service or actual notice, fails to demonstrate "prejudice" under PERB Regulation 32155(a)(4) and does not meet the Gonzales standard of a "fixed anticipatory prejudgment" on part of ALJ.