N.H. Code Admin. R. Fis 203.02
Withdrawal of Presiding Officer or Department Official
Effective Jan 12, 2010#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96 New. #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09 New. #9636-A, eff 1-12-10Executive Director, Fish and Game Department
- (a) Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer:
- (1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party; or
- (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. #1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96 New. #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09 New. #9636-A, eff 1-12-10