New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 201 - PURPOSE, DEFINITIONS AND PRELIMINARY MATTERS
Section He-C 201.06 - Withdrawal of Presiding Officer
Universal Citation: NH Admin Rules He-C 201.06
Current through Register No. 40, October 3, 2024
(a) Upon a presiding officer's own motion, or upon the motion or request of any party, a presiding officer shall, for good cause or to avoid the appearance of impropriety or lack of impartiality, withdraw from any appeal governed by this chapter.
(b) For purposes of this section, good cause shall include, but not be limited to, the following:
(1) Submission of documents or sworn
statements which establish that the presiding officer has previously
participated in any department decision affecting any party to the appeal,
other than by presiding over any prior appeal by the same party;
(2) Submission of documents or sworn
statements which establish that the presiding officer has served as the
supervisor of department staff participating in the decision or action under
appeal within the immediately preceding 2 calendar years; or
(3) Submission of documents or sworn
statements which establish any other fact which would cause a reasonable person
to conclude that the presiding officer's impartiality can be
questioned.
(c) The mere fact that the presiding officer is an employee of the department shall not be considered grounds for withdrawal from any appeal.
#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07
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