Section He-C 201.06 - Withdrawal of Presiding Officer(a) Upon a presiding officer's own motion, or upon the motion or request of any party, a presiding officer shall, for good cause or to avoid the appearance of impropriety or lack of impartiality, withdraw from any appeal governed by this chapter.(b) For purposes of this section, good cause shall include, but not be limited to, the following: (1) Submission of documents or sworn statements which establish that the presiding officer has previously participated in any department decision affecting any party to the appeal, other than by presiding over any prior appeal by the same party;(2) Submission of documents or sworn statements which establish that the presiding officer has served as the supervisor of department staff participating in the decision or action under appeal within the immediately preceding 2 calendar years; or(3) Submission of documents or sworn statements which establish any other fact which would cause a reasonable person to conclude that the presiding officer's impartiality can be questioned.(c) The mere fact that the presiding officer is an employee of the department shall not be considered grounds for withdrawal from any appeal.N.H. Admin. Code § He-C 201.06
#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07