Haw. Code R. § 14-22.1-3

Current through November, 2024
Section 14-22.1-3 - Disqualification of board member, hearing officer or other staff

Any party to a hearing may file an affidavit that one or more of the board members, subject matter experts, legal counsels, or a hearing officer has a personal bias or prejudice. The affidavit shall state the facts and reasons for the belief that bias or prejudice exists and shall be filed at least five days before the hearing, or good cause shall be shown for the failure to file it within that time. The person against whom the affidavit is so filed may answer the affidavit or may file a disqualifying certificate with the board. If the person chooses to answer the affidavit, the board shall decide by a majority of all the members (or the remaining members, where a board member is involved) whether that person should be disqualified from proceeding therein. Any person may file with the chairperson a certificate providing that the person is unable, for any reason, to participate with impartiality in the pending hearing.

Haw. Code R. § 14-22.1-3

[Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS § 91-2)