Disqualification of presiding officers

# (a)

A presiding officer shall be disqualified from deciding an agency appeal if the presiding officer:

# (1)

Has a substantial financial interest, as defined by section 84-3, HRS, in a business or other undertaking that will be directly affected by the decision of the agency appeal;

# (2)

Is related within the third degree by blood or marriage to any party to the proceeding or any party’s representative or attorney;

# (3)

Has participated in the investigation preceding the institution of the agency appeal proceedings or has participated in the development of the evidence to be introduced in the hearing; or (4) Has a personal bias or prejudice concerning a party that will prevent a fair and impartial decision involving that party.

# (b)

A presiding officer shall withdraw from further participation in the proceedings upon discovery of a disqualifying conflict of interest or bias if the factual circumstances are undisputed. If the allegation of a disqualifying conflict of interest or bias is not clearly substantiated, the presiding officer need not voluntarily withdraw and the party seeking the disqualification may file a motion to disqualify the presiding officer. The motion shall be filed and decided before the evidentiary portion of the hearing on the agency appeal. If a presiding officer is disqualified, the director shall designate another representative to serve as the presiding officer. If the disqualified presiding officer is the director, the director shall designate a representative to serve as the presiding officer whose findings of fact, conclusions of law, and decision and order shall be final and binding.

Last amended: [Eff 11/30/14] (Auth: HRS §§91-2, 231-3(9)) (Imp: HRS §§91-9, 231-91) HRS §231-91

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