- (a) Upon his or her own initiative or upon the motion of any participant, the presiding officer shall, for good cause, withdraw from any proceeding.
- (b) If the request to withdraw is made by a participant, the motion shall contain or be accompanied by sworn testimony or other evidence to support the motion.
(c) Good cause shall exist if the presiding officer:
- (1) Has a direct interest in the outcome of a proceeding, including but not limited to a financial or family relationship with any participant;
- (2) Has made statements or engaged in behavior, other than voting upon matters relevant to the case, that objectively demonstrate 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.
- (d) Mere knowledge of the issues, the participants, or any actual or potential witness shall not constitute good cause for withdrawal.
Source. (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22