N.H. Admin. Code § Tra 202.02 - Withdrawal of Presiding Officer

(a) The presiding officer shall withdraw from a hearing if good cause is shown to exist.

(b) Good cause shall exist if the presiding officer:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates:

a. Bias against a party; or

b. That he or she has prejudged the facts of a case; or

(3) Personally believes for any other reason that:

a. He or she cannot fairly judge the facts of a case; or

b. Continuing to serve as presiding officer would create the appearance of an impropriety or a conflict of interest.

(c) The presiding officer shall not be required to withdraw from a case based upon:

(1) General knowledge of the issues presented in a case that is available to the public; or

(2) Previous acquaintance or contact that is not related to the adjudicative proceeding with a party, a witness, or counsel for a party.

(d) In the event that the presiding officer is absent, or must be excused from a particular proceeding, the commissioner shall appoint an acting presiding officer to preside in such proceedings.

Notes

N.H. Admin. Code § Tra 202.02

#4174, eff 12-1-86; EXPIRED 12-1-90

New. #5563, eff 1-28-93, EXPIRED: 1-28-99

New. #7927-A, eff 7-26-03