(1) Any motion for recusal of a hearing officer shall be filed with the hearing officer before whom the case is pending prior to the start of the hearing. The motion shall be accompanied by a written statement stating particular grounds for which a hearing officer may be recused. The written statement must state facts sufficient to show that the driver has a well-founded fear that he will not receive a fair and impartial hearing.
    (2) Unless denied as untimely, a motion shall be decided by the hearing officer before whom the case is pending. The hearing officer shall determine the legal sufficiency of the motion and affidavit. If the motion and affidavit are found to be legally sufficient, the hearing officer shall recuse himself or herself, after which the division shall appoint another hearing officer to hear the case.
Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History-New 10-1-90, Amended 10-7-91, 1-2-96.