Section Tra 202.02 - Withdrawal of Presiding Officer(a) The presiding officer shall withdraw from a hearing if good cause is shown to exist.(b) Good cause shall exist if the presiding officer:(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 which objectively demonstrates:a. Bias against a party; orb. That he or she has prejudged the facts of a case; or(3) Personally believes for any other reason that:a. He or she cannot fairly judge the facts of a case; orb. Continuing to serve as presiding officer would create the appearance of an impropriety or a conflict of interest.(c) The presiding officer shall not be required to withdraw from a case based upon: (1) General knowledge of the issues presented in a case that is available to the public; or(2) Previous acquaintance or contact that is not related to the adjudicative proceeding with a party, a witness, or counsel for a party.(d) In the event that the presiding officer is absent, or must be excused from a particular proceeding, the commissioner shall appoint an acting presiding officer to preside in such proceedings.N.H. Admin. Code § Tra 202.02
#4174, eff 12-1-86; EXPIRED 12-1-90
New. #5563, eff 1-28-93, EXPIRED: 1-28-99
New. #7927-A, eff 7-26-03