Haw. Code R. § 8-62-16

Current through April, 2024
Section 8-62-16 - Disqualification of board member, legal counsel, or hearings officer

Any party to a hearing may file an affidavit or declaration that one or more of the board members, legal counsel, or a hearings officer has a personal bias or prejudice. The affidavit or declaration shall state the facts and reasons for the belief that bias or prejudice exists and shall be filed at least five days before the hearing, or good cause shall be shown for the failure to file it within that time. The person against whom the affidavit or declaration is so filed may answer the affidavit or declaration or may file a disqualifying certificate with the board. If the person chooses to answer the affidavit or declaration, the remaining board members where a board member is involved, shall decide by a majority of all the members to which the board is entitled whether that person shall be disqualified from proceeding therein. Any person may file with the chairperson a certificate providing that the person is unable, for any reason, to participate with impartiality in the pending hearing. Upon completion of disqualification proceedings, a hearing shall continue in accordance with section 8-62-36.

Haw. Code R. § 8-62-16

[Eff 6/11/2010] (Auth: HRS §§ 302A-1112, 76-14, 76-47) (Imp: HRS §§ 76-14, 76-47)