N.H. Admin. Code § Pub 201.14

Current through Register No. 50, December 12, 2024
Section Pub 201.14 - Conflict of Interest
(a) Board members shall not participate in any case or proceeding before the board in which they have real or potential conflicts of interest. A conflict of interest occurs when a member has a personal involvement with the case, action, party or with the same issues being adjudicated. In the case of a question of conflict arising from the involvement by a member in the same issue being adjudicated, it shall involve more than an intellectual interest in the issue to require withdrawal of a member. No conflict shall exist if the board member possesses no more than an intellectual interest in the issue. A conflict shall be a direct personal, monetary or professional interest in the outcome of the decision on that issue.
(b) Conflicts of interest may be raised by:
(1) A board member who perceives that he/she has a conflict;
(2) The board, upon its own motion; or
(3) Any party to a case before the board at any time during a proceeding. However, if a party knows facts constituting a conflict prior to a hearing, the party shall raise the issue by written motion prior to the date of hearing at the first opportunity after discovery.
(c) In the event the issue of a conflict is raised, the member shall have the opportunity to disqualify himself or herself from the hearing. If the member declines because the member does not believe there is a conflict of interest, and if the board or a party before the board disagrees with that decision by the member, the matter shall be considered by the remaining members hearing the case. A majority of those remaining members shall determine whether the member shall be allowed to participate.
(d) No board member shall appear as an advocate before the board or sit on any case in which his law or labor relations firm, or an organization in which he is a member, is a party or represents a party.
(e) Nothing in this section shall prohibit a board member from being a witness before the board in a case in which that board member has actual knowledge of relevant facts. However, if a board member shall act as such a witness, that board member shall not participate in deliberations as to the outcome of the matter being heard.
(f) Pre-hearing submissions to the board shall fully identify all parties and/or witnesses to be called before the board so that issues, parties and witnesses can be known prior to hearing in order to help identify potential conflicts of interest prior to hearing.
(g) A board agent or employee acting as a hearing officer shall withdraw from any hearing upon his/her own initiative or upon a request of a party for good cause shown. Good cause shall include a direct interest in the outcome of the hearing or knowledge of a party or subject matter of the hearing that could improperly influence his or her judgment.

N.H. Admin. Code § Pub 201.14

#9441-A, eff 3-27-09