Section Ec-Wet 203.07 - Recusal(a) Upon his or her own initiative or upon the motion of any party, a council member or presiding officer, shall, for good cause recuse himself or herself from any appeal. If a member recuses himself or herself, no explanation of the reason for recusal shall be required from the member.(b) A party may move for the recusal of the presiding officer or any council member by submitting a filing in accordance with Ec-Wet 203.04 that demonstrates good cause for the requested recusal.(c) Good cause for recusal shall exist if the council member or presiding officer has had direct personal involvement with the matter under appeal or with a party, such that a reasonable person would conclude that the council member or presiding officer could not hear the appeal impartially. Mere general knowledge of the issues, the appeal, or any party shall not constitute good cause for recusal.(d) The presiding officer shall rule on all motions for recusal prior to any hearing held on the merits of the appeal.(e) Upon recusal of a hearing officer acting as presiding officer, the attorney general shall be requested to appoint a new hearing officer to the appeal pursuant to RSA 21-M:3, VIII.N.H. Admin. Code § Ec-Wet 203.07
Derived from Volume XLII Number 2, Filed January 13, 2022, Proposed by #13305, Effective 12/15/2021 (see Revision Note at chapter heading for Ec-Wet 100).