New Hampshire Code of Administrative Rules
Puc - Public Utilities Commission
Chapter Puc 200 - PROCEDURAL RULES
Part Puc 202 - OPERATIONS AND REQUIREMENTS
Section Puc 202.09 - Withdrawal of Presiding Officer or Commissioner

Universal Citation: NH Admin Rules Puc 202.09

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 commissioner shall, for good cause, withdraw from any adjudicative proceeding or other matter.

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

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of 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;

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

(4) Is obligated to withdraw because his or her impartiality might reasonably be questioned; or

(5) Is otherwise required to withdraw pursuant to applicable law.

(c) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal, nor shall the fact that the presiding officer or commissioner is a customer of a utility that is a party to the proceeding.

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97

New. #6559, eff 8-19-97, EXPIRED: 8-19-05

New. #8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06

New. #8657-A, eff 6-10-06

The amended version of this section by New Hampshire Register Volume 35, Number 14, eff.3/18/2015 is not yet available.

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