Translated by IRIS Georgia Updated as of March 2004 Article 92. The prohibition to participate in an administrative proceeding 1. No official of any administrative agency shall participate in an administrative proceeding, if: (a) he is an interested party to the case; (b) he is a relative of an interested party or its proxy; (c) he acts as a proxy to an interested party; (d) he acted as an expert on a given issue; (e) he is engaged in a labor relation with an interested party; (f) he or any member of his family owns stocks of or a share in an authorized capital of the enterprise that acts as an interested party; (g) he is a family member of an interested party to the proceeding or his representative. 2. Under this Code, relatives include: (a) direct relative; (b) a spouse, spouse’s siblings and lineal relatives, (c) siblings of ascendants, and (d) siblings and their spouses and children. 3. An official shall notify a higher official of the circumstances stipulated by Paragraph 1 of this Article and his recusation. The application for recusation shall be reviewed pursuant to the procedures prescribed by Article 93 of this Code. Article 93. The application for challenge 1. The interested party to an administrative proceeding who believes that there is the ground to challenge the official of an administrative agency involved in the proceeding may challenge him in writing prior to the issuance of the administrative act, as prescribed by Article 91 of this Code. 2. The application for challenge shall be reasoned/justified. 3. The application for challenge shall be reviewed and decision regarding the challenge or recusation shall be rendered by the official, who acts as a supervisor to the challenged official. If the latter does not have a supervisor, the decision shall be rendered by the chief of a higher agency. 4. The decision regarding the challenge of the official, who acts as a member of a corporate agency, shall be rendered by the corporate agency without the participation of the challenged official. 5. In case of challenge or recusation of an entire corporate agency or certain number of members of a corporate agency, which disables the agency to make any decision, or in case of challenge or recusation of the official, who is not subordinated to any higher agency, the administrative act shall be issued by the agency that is designated to solve this matter, its replacement, or an independent agency. 6. An interested party to an administrative proceeding shall file the application for challenge within two days after commencement of the administrative proceeding, or after he became aware of the fact or circumstance that could be invoked as the ground for challenge. Page 28 of 54