N.H. Admin. Code § Emp 207.05 - Withdrawal of Presiding Officer or Department Official

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or department official shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a presiding officer or department official:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, including spouse or a relative by blood, marriage or adoption, including parent, child, grandparent, sibling, grandchild, great grandparent, uncle, aunt, nephew, niece, great grandchild, great great grandparent, great uncle, great aunt, first cousin, grand nephew, grand niece and great great grandchild, with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

(c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

Notes

N.H. Admin. Code § Emp 207.05

#7246, eff 4-30-00; ss by #9126, INTERIM, eff 4-20-08, EXPIRES: 10-17-08; ss by #9296, eff 10-17-08

The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.