Haw. Code R. § 15-219-24 - Disqualification of authority member or hearings officer

(a) No authority member or hearings officer shall hear or participate in decision making on a matter before the authority in which the authority member or hearings officer has a pecuniary or business interest in the matter being heard or is related within the first degree by blood or marriage to any party to the proceeding; provided, however, that if, after disclosing the nature of the circumstances of the pecuniary or business interest or consanguinity to the parties, the parties expressly agree to waive any objection, then the authority member or hearings officer may hear the matter and participate in decision-making.

(b) Any party to a proceeding before the authority may file a petition to disqualify an authority member or hearings officer pursuant to subsection (a) up to five days before the commencement of the hearing. The petition shall be accompanied by a signed declaration stating the facts supporting the party's petition to disqualify an authority member or hearings officer. The authority member or hearings officer against whom the petition to disqualify is filed shall be afforded an opportunity to respond to the facts alleged in the petition. A majority of the remaining members of the authority entitled to vote on the particular matter shall decide whether the challenged authority member or hearings officer should be disqualified from the proceeding.

Notes

Haw. Code R. § 15-219-24

[Eff MAR 02 2012 ] (Auth: HRS §§ 91-2, 206E-4) (Imp: HRS §§ 91-2, 206E-4)