Haw. Code R. § 11-1-25 - Disqualification

(a) A hearings officer, director, or member of an attached entity is disqualified from hearing or deciding a contested case if the hearings officer, director, or member of the attached entity:

(1) Has a substantial financial interest as defined by section 84-3, Hawaii Revised Statutes, in a business or other undertaking that will be directly affected by the decision of the contested case;

(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 contested case proceedings or has participated in the development of the evidence to be introduced in the hearing; or

(4) Has substantially participated in making the decision or action contested; or

(5) Has a personal bias or prejudice concerning a party or matter that will prevent a fair and impartial decision involving that party or matter.

(b) A hearings officer, director, or member of an attached entity shall withdraw from further participation in the proceedings upon discovery of a disqualifying conflict of interest or bias if the factual circumstances are undisputed. If the allegation of a disqualifying conflict of interest or bias is not clearly substantiated, the allegedly disqualified individual need not voluntarily withdraw, and the party seeking the disqualification may file a motion to disqualify.

(c) A motion to disqualify shall be filed promptly after discovery of the alleged disqualifying facts. The motion shall be filed first with the challenged hearings officer, director, or attached entity, which shall rule on the motion.

(d) If a hearings officer appointed by the director or attached entity is disqualified, the director or attached entity shall appoint another representative to serve as the hearings officer. If the director or attached entity is disqualified, the director or attached entity shall appoint another representative to serve as the hearings officer, final decision maker, or both.

Notes

Haw. Code R. § 11-1-25

[Eff 2/14/2005] (Auth: HRS § 91-2) (Imp: HRS §§ 84-14, 91-9)