Any party may, without proof of cause, disqualify not more than one hearing officer in any proceeding prior to the taking of evidence at a hearing.
In addition, a hearing officer shall either voluntarily or upon request disqualify himself or herself for cause and withdraw from any appeal in which he or she cannot accord a fair and impartial hearing or consideration.
Any party may request the disqualification of any hearing officer for cause by filing an affidavit or making a sworn statement prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The retirement hearing commission shall determine whether to grant the request for disqualification of a hearing officer if the hearing officer does not voluntarily disqualify himself or herself. (Prior code § 34.14.1406)