Section Env-WC 203.17 - Recusal of Council Members(a) Any participant may request a council member to recuse himself or herself from hearing the appeal for good cause.(b) A request for recusal of a council member shall be in the form of a motion that is filed and handled in accordance with Env-WC 203.13.(c) For purposes of this section, good cause for recusal shall be that the council member has an objectively-demonstrated bias for or against one or more of the participants. Good cause shall not include that the council member was appointed to the council to represent a particular interest group or state agency.(d) The participant requesting the recusal of the council member shall support the request with sworn testimony or other evidence submitted with the motion.(e) For purposes of this section, an "objectively-demonstrated bias" means that the participant requesting the recusal of the council member submits evidence that shows, by a preponderance of the evidence, that the council member has had personal dealings with the project under appeal or a participant in the proceeding that would cause a reasonable person to believe that as a result of the dealings, the council member will discount or ignore evidence and law to find in favor of or against the participant.N.H. Code Admin. R. Env-WC 203.17
(See Revision Note at chapter heading Env-WC 200) #5469, eff 9-17-92, EXPIRED: 9-17-98
New. #6860, INTERIM, eff 10-1-98, EXPIRED: 1-29-99
New. #7011, eff 6-9-99; ss by #8892, INTERIM, eff 6-9-07, EXPIRES: 12-6-07; ss by #8977-A, eff 9-14-07