(a) The commission shall adopt procedures on the disqualification of commissioners and administrative law judges due to bias or prejudice similar to those of other state agencies and superior courts.

(b) (1) For ratesetting and adjudicatory proceedings, a commissioner or administrative law judge shall be disqualified for bias or prejudice based on either of the following:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

(A) Actions taken during the proceeding that demonstrate bias or prejudice.

(B) Actions taken outside the public record of a proceeding demonstrating any commitment to provide relief to a party.

(2) Past work experience by the commissioner or administrative law judge shall not be a sufficient basis for demonstrating bias or prejudice pursuant to paragraph (1).

(c) The commission procedures shall not authorize a commissioner or administrative law judge to rule on a motion made by a party to a proceeding to disqualify the commissioner or administrative law judge due to bias or prejudice.

(d) The commission shall develop the procedures with the opportunity for public review and comment.

(Amended by Stats. 2016, Ch. 807, Sec. 1. (SB 215) Effective January 1, 2017.)