N.H. Code Admin. R. Env-WtC 203.13

Current through Register No. 25, June 20, 2024
Section Env-WtC 203.13 - Recusal of Council Members
(a) Any party 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:
(1) In the form of a motion; and
(2) Filed and handled in accordance with Env-WtC 205.01.
(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 parties. 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 party 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 party 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 ora party to 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 party.

N.H. Code Admin. R. Env-WtC 203.13

#8534, eff 12-30-05