N.H. Admin. Code § Dec 201.05 - Withdrawal of Presiding Officer or Committee Member

(a) Upon his or her own initiative or upon the motion of any party, the presiding officer or committee member shall, for good cause, withdraw from any adjudicative proceeding or other matter.

(b) Good cause shall exist if a presiding officer or committee member:

(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 that he or she has prejudged the facts of a case;

(3) Personally believes that he or she cannot fairly judge the facts of a case;

(4) Is obligated to withdraw because his or her impartiality might reasonably be questioned; or

(5) Is otherwise required to withdraw pursuant to applicable law.

(c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal, nor shall the fact that the presiding officer or committee member is a customer of a nuclear electric generating facility owner that is a party to the proceeding.

Notes

N.H. Admin. Code § Dec 201.05

#9144-A, eff 4-24-08