N.H. Admin. Code § Mhp 209.02

Current through Register No. 50, December 12, 2024
Section Mhp 209.02 - Withdrawal of Presiding Officer
(a) Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer or agency official:
(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship with any party;
(2) Has made statements or engaged in behavior, other than voting upon matters relevant to the case, which objectively demonstrates that he or she has prejudged the facts of a case; or
(3) Personally believes that he or she cannot fairly judge the facts of a case.
(c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

N.H. Admin. Code § Mhp 209.02

(See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99

New. #7624, eff 1-10-02, EXPIRED: 1-10-10

New. #9853-A, eff 1-25-11 (formerly Mhp 211.02 )

Amended by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10745, Effective 12/16/2014.