New Hampshire Code of Administrative Rules
Eth - Executive Branch Ethics Committee (See RSA 21-G:32 pursuant to 2006, 21:3, effective 6-2-06.)
Chapter Eth 200 - RULES OF PRACTICE AND PROCEDURE
Part Eth 204 - PRESIDING OFFICER; RECUSAL OF COMMITTEE MEMBERS AND WAIVER OF RULES
Section Eth 204.02 - Recusal Committee Members

Universal Citation: NH Admin Rules Eth 204.02

Current through Register No. 40, October 3, 2024

(a) Upon his or her own initiative or upon the motion of any party, a committee member, including the presiding officer, shall, for good cause recuse him- or herself from any hearing. If a member recuses him- or herself, no explanation of the reason for recusal shall be required from the member.

(b) If a committee member is unsure whether particular circumstances constitute good cause for recusal, other committee members shall make themselves available to discuss the issue if requested.

(c) If a committee member or a party to a hearing believes that a member should recuse him- or herself but has not, the member or party shall inform the committee, in writing, of the basis for such belief. Such submission shall be made before the committee takes up the underlying matter. If the committee determines by majority vote that good cause for recusal exists, the member shall be recused.

(d) Good cause for recusal shall exist if any of the following apply to a committee member in a particular hearing:

(1) The committee member was in some way personally, directly or indirectly, involved in the underlying action(s) that gave rise to the complaint;

(2) The committee member has personal knowledge of facts material to the determination of the complaint;

(3) The committee member has a direct or indirect interest in the outcome of a proceeding, including, but not limited to:
a. A financial interest with the complainant or respondent;

b. A family relationship with the complainant or respondent, including but not limited to:
1. Spouse;

2. Son or daughter by birth or adoption;

3. Stepson or stepdaughter;

4. Parent, including step-parent;

5. Parent by birth or adoption;

6. Grandparent;

7. Grandchild;

8. Brother or sister by whole or half blood or by adoption;

9. Aunt or uncle;

10 Niece or nephew;

11. Mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law; or

12. Former spouse; and

c. The complainant or respondent is a member of the household of the committee member;

(4) The committee member had a prior or on-going business relationship with a party or material witness that would cause an objective, disinterested observer fully informed of the facts to entertain significant doubt about the member's ability to be impartial;

(5) The committee member has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(6) The committee member personally believes that he or she cannot fairly judge the facts of a case.

(e) Mere general knowledge of the issues, the complainant, respondent, or any witness shall not constitute good cause for recusal.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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