Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-35 - Disqualification of hearings examiner or commissioner
Universal Citation: HI Admin Rules 12-46-35
Current through August, 2024
(a) No matter shall be heard by a hearings examiner or commissioner who:
(1) Has any pecuniary interest in the matter
being heard;
(2) Is related within
the third degree by blood or marriage to any party to the proceeding;
(3) Has initiated the complaint of the
proceeding, has participated in the investigation preceding the institution of
the proceeding or has participated in the development of the evidence to be
introduced in the proceeding;
(4)
Has a personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding; or
(5) Has served as a lawyer in the matter in
controversy, or a lawyer with whom the hearing's examiner or commissioner
previously practiced law, served during such association as a lawyer concerning
the matter, or such lawyer, hearings examiner, or commissioner has been a
material witness concerning it.
(b) A hearings examiner or commissioner may be disqualified from hearing a matter sua sponte, or upon motion of any party. Any motion to disqualify a hearings examiner or commissioner shall be filed and decided prior to the evidentiary portion of the hearing.
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