Section Odb 203.25 - Withdrawal of a 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) For purposes of this section, good cause for withdrawal shall be that the presiding officer has an objectively demonstrated bias for or against one or more of the parties. Good cause shall not include that the presiding officer is an employee of the department.(c) The party requesting the withdrawal of the presiding officer shall support the request with sworn testimony or other evidence submitted with the motion.(d) For purposes of this section, an "objectively-demonstrated bias" means that the party requesting the presiding officer to withdraw submits evidence that shows, by a preponderance of the evidence, that the presiding officer has had personal dealings with a party to the proceeding that would cause a reasonable person to believe that as a result of the dealings, the presiding officer will discount or ignore evidence and law to find in favor of or against the party.N.H. Admin. Code § Odb 203.25
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019