N.H. Admin. Code § Rko 212.04 - Withdrawal of Presiding Officer

(a) Either sua sponte or upon the motion of any party or intervenor, the presiding officer shall withdraw from any hearing for good cause.

(b) Good cause shall exist if the presiding officer:

(1) Has a direct interest in the outcome of the matter, including but not limited to a financial or family relationship with any party or intervenor;

(2) Has made statements or engaged in behavior which objectively demonstrates that the presiding officer has prejudged the facts of the case; or

(3) Personally believes that:

a. The presiding officer cannot fairly or accurately judge the facts of the case; or

b. The presiding officer's involvement in the matter would, under all of the circumstances, create an impression of bias which cannot be overcome without probable loss of public confidence in the fairness of the process.

(c) Mere knowledge of the issues involved in the matter, acquaintance with any party, intervenor, witness or representative, or employment by the office, shall not constitute good cause for withdrawal.

Notes

N.H. Admin. Code § Rko 212.04

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.