- (a) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause, withdraw from any hearing.
(b) Good cause shall exist if a presiding officer or board official:
- (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or familial relationship;
- (2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or
- (3) Personally believes that he or she cannot fairly judge the facts of a case.
- (c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.
Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12 New. #10157, eff 6-27-12