New Hampshire Code of Administrative Rules
Cor - Commissioner, Department of Corrections
Chapter Cor 200 - PRACTICE AND PROCEDURE
Part Cor 203 - PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES
Section Cor 203.02 - Withdrawal of Presiding Officer or Agency Official

Universal Citation: NH Admin Rules Cor 203.02

Current through Register No. 12, March 21, 2024

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer or department official shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a presiding officer or department official:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

(c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

(See Revision Note at chapter heading for Cor 200) #7447, eff 2-6-01; ss by #9382, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9507-A, eff 7-8-09

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