- (a) Upon their own initiative or upon the motion of any party, or participant, a presiding officer or commissioner shall, for good cause, withdraw from any proceeding or other matter.
(b) Good cause shall exist if a presiding officer or commissioner:
- (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 participant;
- (2) Has made statements or engaged in behavior which objectively demonstrates that they have prejudged the facts of a proceeding;
- (3) Personally believes that they cannot fairly judge the facts of a proceeding;
- (4) Is obligated to withdraw because their impartiality might reasonably be questioned; or
- (5) Is otherwise required to withdraw pursuant to applicable law.
- (c) Mere knowledge of the issues, the parties, the participants, or any witness shall not constitute good cause for withdrawal, nor shall the fact that the presiding officer or commissioner is a customer of a utility that is a party to the proceeding.
Source. #8657-A, eff 6-10-06; ss by #10101, eff 3-24-12 New. #14184, eff 1-24-25 (formerly Puc 202.09)