(1) A party may disqualify a hearing examiner from presiding over any matter governed by these rules only upon an affirmative showing, made in good faith, of personal bias, a lack of independence, disqualification by law or other ground for disqualification allowed by law.

(2) A party seeking to disqualify a hearing examiner may do so only upon the filing of a motion which is supported by a sufficient affidavit showing the particular facts and matters which constitute good cause for disqualification under (1) . The party must file the motion and affidavit no later than ten days before an original date set for hearing. Should a continuance of any hearing be required by the act of a party in seeking disqualification, such act shall not justify the issuance of a right to sue letter where a hearing was scheduled to be held within 90 days of the date of service of a notice of hearing.

(3) Following the filing of a motion and affidavit of disqualification and a reasonable period of time for an opposing party to comment upon it, the hearing examiner shall either enter an order of recusal or decline disqualification. That order must specify the particular facts and grounds upon which it is based.

(4) When a hearing examiner declines disqualification, a party objecting to the hearing examiner's ruling and order must petition the commission for an order of disqualification within ten days following the date of the order declining disqualification. If no such petition is filed, the order is not appealable to the commission.

(5) A party may disqualify a member of the commission from participating in a matter before the commission upon the same grounds and with the same procedure as that for the disqualification of a hearing examiner. A party seeking to disqualify a member of the commission must file a motion and affidavit of disqualification with the commission not less than ten days prior to the date fixed for a hearing or proceeding before the commission. The question of disqualification shall be determined by a quorum of the commission, which may include the member of the commission to be disqualified if his or her participation is required to constitute a quorum or decide the matter.

(6) A hearing examiner or member of the commission may make an order or give a notice of recusal or self-disqualification at any time.