Hawaii Administrative Rules
Title 21 - LEGISLATIVE AGENCIES
Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS
Section 21-1-4 - Disqualification of commissioners; bias or prejudice

Universal Citation: HI Admin Rules 21-1-4

Current through November, 2023

(a) Any party to a matter before the commission may make and file an affidavit or declaration that one or more of the commissioners before whom the matter is pending has a personal bias or prejudice. Every affidavit or declaration shall state the facts and reasons for the belief that bias or prejudice exists and shall be filed as soon as practicable, but no later than ten days before any contested case hearing, or good cause shall be shown for the failure to do so.

(b) The commissioner against whom the affidavit or declaration is filed may answer the affidavit or declaration or may recuse from the matter, If the commissioner chooses to answer the affidavit or declaration, the remaining commissioners shall decide whether that commissioner should be disqualified from proceeding therein.

(c) At any time, commissioners may disqualify themselves by informing the other commissioners and/or the executive director that they deem themselves unable for any reason to participate with absolute impartiality in the pending matter.

[Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 97-6(a)(5)) (Imp: HRS §§ 84-31, 97-6)

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