Current through Register No. 50, December 12, 2024
Section Gal 204.02 - Withdrawal and Recusal of Presiding Officer(a) Upon his or her own initiative or upon the motion of any party, complainant, or intervenor, the presiding officer shall withdraw from any adjudicative proceeding if there exists good cause for him or her to do so.(b) Good cause shall exist if: (1) The presiding officer personally believes that he or she cannot fairly judge the facts of the case; or(2) There exist facts that would create in the mind of a disinterested and objective person who is fully informed of those facts a perception that the presiding officer's ability to carry out his or her responsibilities fully, fairly and impartially would be impaired.(c) If a presiding officer declines to withdraw upon motion of any party, complainant or intervenor, the person submitting the motion may request review of the presiding officer's decision by the board.(d) Upon receipt of a request for review under paragraph (c) above, the board shall order that the presiding officer be recused if it concludes that there exist facts that would create in the mind of a disinterested and objective person who is fully informed of those facts a perception that the presiding officer's ability to carry out his or her responsibilities fully, fairly and impartially would be impaired.(e)Mere knowledge of the issues or acquaintance with any party, complainant, intervenor or witness shall not constitute good cause for withdrawal.N.H. Admin. Code § Gal 204.02