Hawaii Administrative Rules
Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
Campaign Spending Commission
Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION
Subchapter 1 - GENERAL PROVISIONS
Section 3-161-18 - Disqualification of a commission member or hearings officer
Universal Citation: HI Admin Rules 3-161-18
Current through August, 2024
(a) No matter shall be heard by a commission member or hearings officer who:
(1) Has any direct pecuniary interest in the
matter being heard;
(2) Is related
within the third degree by blood or marriage to any party to the proceeding or
any party's representative or attorney;
(3) 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 which will prevent a fair hearing by the commission
or hearings officer; or
(5) Has
presented circumstances that fairly give rise to an appearance of impropriety
and reasonably cast suspicion on the impartiality of the member or hearings
officer.
(b) Any member of the commission or hearings officer may be disqualified from hearing the matter sua sponte, or upon motion of any party. Any motion to disqualify a member of the commission or hearings officer shall be filed and decided before the evidentiary portion of the hearing.
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