442 Neb. Admin. Code, ch. 4, § 008 - Disqualification of Hearing Officer
008.01 Any party may, by motion filed with the Commission, request the disqualification of any presiding hearing officer, hearing officer, special master, or referee.
008.02 Unless the presiding hearing officer, hearing officer, special master, or referee voluntarily disqualifies himself or herself, a hearing shall be held on the motion.
008.03 Disqualification shall only be ordered where there is an actual conflict of interest (as that term is defined in these Rules) on the part of the presiding hearing officer, hearing officer, special master, or referee, or when the moving party demonstrates by clear and convincing evidence that a reasonable person who knew the circumstances of the case would question the presiding hearing officer, hearing officer, special master or referee's impartiality under an objective standard of reasonableness. State v. Pattno, 254 Neb. 733, 579 N. W. 2d 503 (1998).
Notes
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