(1) A Presiding Officer shall disqualify himself from performing the functions of the Presiding Officer regarding any matter in which he, his spouse, or a person within the third degree of relationship to either of them or the spouse of such person:
- (a) Is a party to the proceeding, or an officer, director, or trustee of a party;
- (b) Has acted as an attorney in the proceeding or served as an attorney for, or otherwise represented, a party concerning the matter in controversy;
- (c) Knows that he has a financial interest, either individually or as a fiduciary, in the subject matter in controversy or in a party to the proceeding;
- (d) Knows that he has any other interest that could be substantially affected by the outcome of the proceeding; or
- (e) Is likely to be a material witness in the proceeding.
- (2) A Presiding Officer is also subject to disqualification under principles of due process and administrative law.
- (3) These requirements are in addition to any requirements under the Utah Public Officers' and Employees' Ethics Act, Section 67-16-1 et seq.
- (4) A motion for disqualification shall be made first to the Presiding Officer. If the Presiding Officer is appointed, any determination of the Presiding Officer upon a motion for disqualification may be appealed to the State Engineer.
KEY: water rights, enforcement, administrative penalties
Date of Last Change: February 10, 2009
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 73-2-1(4)(g); 73-2-25; 73-2-26; 73-3-25