Change of administrative law judge, procedure, limitations
In workers' compensation hearings, any party involved can ask to switch to a different judge by filing a simple written request — no reason needed. This request must be filed at least 30 days before the hearing, or within 5 days after the hearing date is set, whichever comes later. Each party can only make this switch one time, and when a valid request is filed, the commission must approve it and assign a new judge.
287.810. Change of , procedure, limitations. — 1. A change of administrative law judge shall be ordered in any held under this chapter upon the of a written for such change by any or his or attorney. The application need not allege or prove any cause for such change of administrative law judge, and need not be .
2. An application for change of administrative law judge must be filed at least thirty days before the hearing date or within five days after a hearing setting date has been made, whichever date is later, unless the administrative law judge who will hear the case has not been* within that time, in which event the application may be filed within ten days after the administrative law judge has been designated or at any time prior to the hearing, whichever date is earlier.
3. An application for change of administrative law judge may be made by one or more parties, but each party is limited to one such change of judge.
4. Upon the presentation of a timely application for the change of an administrative law judge, the shall promptly the application and shall another administrative law judge.
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Source & history notes
(L. 1980 H.B. 1396) *Word "be" appears in original rolls.
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