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Hawaii Regulations § 3-161-18 Disqualification of a commission member or hearings officer

⤴ Up to Subchapter 1: General Provisions

Regulation Text

(a) No matter shall be heard by a commission member or 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;
(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 commission or hearings officer; or
(5) Has presented circumstances that fairly give rise to an appearance of impropriety and reasonably cast suspicion on the impartiality of the member or hearings officer.
(b) Any member of the commission 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 commission or hearings officer shall be filed and decided before the evidentiary portion of the hearing.

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-3 , 91-8 , 91-9 , 92-16 , 11-193, 11-216, 11-225, 11-228, 11-229)

[ Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-407 , 11-408 , 11-409 , 11-410 )

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