Section 2725.15  Disqualification Of Agency Employee

a)         No Agency employee shall participate in any manner in any investigation or proceeding under the Act if such individual has a financial or other direct personal interest in the proceeding or investigation.  Personal interest includes family, social or professional relationship or general bias or prejudice which would tend to affect the ability of the Agency employee to remain fair and impartial.

b)         A person seeking such disqualification of an Agency employee must file a written request prior to the investigation or proceeding to disqualify the individual whose removal is sought.  The request to disqualify must contain specific facts which indicate a financial or direct personal interest defined in subsection (a), or specific facts which indicate prejudice on the part of the person whose disqualification is sought.

c)         The Agency employee whose disqualification is sought will respond to the request prior to the investigation or proceeding orally on the record or in writing.  Further proceedings in the matter will be stayed until a decision on disqualification is rendered.  If the request is granted, the Agency will reassign the matter.  If the request is denied, the reasons for the denial shall be set forth in writing or on the record and the Agency employee will proceed with the investigation or proceeding.  The request and reasons for the denial shall be part of the record on appeal.