Haw. Code R. § 16-201-20 - Disqualification of member of authority or hearings officer
(a)
No matter shall be heard by a member of the authority or by a hearings officer
who:
(1) Has any direct pecuniary interest in
the matter being heard;
(2) Is
related within the third degree by blood or marriage to any party to the
proceeding or any party's representative or attorney;
(3) Has participated in the investigation
preceding the institution of the proceeding or has participated in the
development of the evidence to be introduced in the proceeding; or
(4) Has a personal bias or prejudice
concerning a party or personal knowledge of disputed evidentiary facts
concerning the proceeding which will prevent a fair hearing by the member of
the authority or hearings officer.
(b) Any member of the authority or hearings
officer may be disqualified from hearing the matter sua sponte, or upon motion
of any party. Any motion to disqualify a member of the authority or hearings
officer shall be filed and decided before the evidentiary portion of the
hearing.
Notes
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